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BRANDT v. ADVANCED CELL TECHNOLOGY, INC.

No. CIV.A. 01-40227NMG.

349 F.Supp.2d 54 (2003)

William A. BRANDT, Jr., as Assignee for the Creditors of Avian Farms, Inc., Plaintiff, v. ADVANCED CELL TECHNOLOGY, INC. and A.C.T. GROUP, INC., Defendants.

United States District Court, D. Massachusetts.

March 31, 2003.

Attorney(s) appearing for the Case

David A. Anderson, Pierce Atwood, Portsmouth, NH, for A.C.T. Group Inc., Advanced Cell Technology Inc., Counter Claimants.

Donald J. Barry, Jr., Citizens Bank of Massachusetts, Boston, MA, for Citizens Bank, Trustee.

Lawrence S. Delaney, Swiggart & Agin, LLC, Boston, MA, for Flagship Bank and Trust Company, Trustee.

Leonard M. Gulino, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for William A. Brandt, Counter Defendant.

Robert J. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for William A. Brandt, Counter Defendant.

James D. O'Brien, Jr., Mountain, Dearborn & Whiting, LLP, Worcester, MA, for Citizens Bank, Trustee.

MEMORANDUM AND ORDER

GORTON, District Judge.

In this action arising out of a stock purchase agreement, plaintiff has moved to dismiss defendants' counterclaims and for summary judgment and defendants have moved to amend their answer.

I. Factual Background

On July 16, 1999 Avian Farms, Inc. ("Avian") and defendant A.C.T. Group, Inc. ("A.C.T.Group") entered into a Forbearance

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