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AMERICAN FIBER v. TYCO HEALTHCARE

No. 03-2297.

362 F.3d 136 (2004)

AMERICAN FIBER & FINISHING, INC., Trustee of American Fiber & Finishing Realty Trust, Plaintiff, Appellant, v. TYCO HEALTHCARE GROUP, LP, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 29, 2004.

Attorney(s) appearing for the Case

Diane C. Tillotson, Joseph L. Bierwirth, Jr., Hemenway & Barnes, Martin E. Levin, and Stern, Shapiro, Weissberg & Garin, LP on brief and motion to dismiss for appellant.

Ben T. Clements and Clements & Clements, LLP on brief and opposition to motion for appellee.

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

SELYA, Circuit Judge.

This case began as a routine piece of environmental litigation. It has morphed into what could easily pass for a law school examination question in federal civil procedure. The tale follows.

On February 16, 2001, plaintiff-appellant American Fiber & Finishing, Inc. (AF & F), trustee of the American Fiber & Finishing Realty Trust, sued Tyco International (US), Inc. in the United States District Court for the District of Massachusetts...

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