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FIT TECH, INC. v. BALLY TOTAL FITNESS HOLDING

No. 03-2622.

374 F.3d 1 (2004)

FIT TECH, INC.; Planet Fitness Center of Maine, Inc.; Planet Fitness Center, Inc.; Planet Fitness Center of Dartmouth, Inc.; Planet Fitness Center of Salem, Inc.; Planet Fitness Center of Brighton, Inc.; Stratford Fitness Center, Inc.; David B. Laird; Scott G. Baker, Plaintiffs, Appellees, v. BALLY TOTAL FITNESS HOLDING CORPORATION; Holiday Universal, Inc., Defendants, Appellants. John H. Wildman, Defendant.

United States Court of Appeals, First Circuit.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Juliet A. Davison with whom Howard M. Cooper and Todd & Weld LLP were on brief for appellants.

Deborah L. Thaxter, P.C. with whom Jonathan Sablone, Stephen M. LaRose and Nixon Peabody LLP were on brief for appellees.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

This appeal, presenting issues of contract law and appellate jurisdiction, arises out of the sale of a business. The principal plaintiffs in the district court, David Laird and Scott Baker, previously owned and operated eight health and fitness centers in New England doing business under several names (e.g., "Planet Fitness"; "Fit Tech"). On April 19, 2002, Laird and Baker executed an "Asset Purchase Agreement" effective as of March 14...

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