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UNCLE HENRY'S INC. v. PLAUT CONSULTING CO., INC.

Nos. 03-2402; 03-2454.

399 F.3d 33 (2005)

UNCLE HENRY'S INC., Plaintiff, Appellant/Cross-Appellee, v. PLAUT CONSULTING CO., INC., Defendant, Appellee/Cross-Appellant, Edgewing, a Division of Plaut Consulting Inc., Defendant.

United States Court of Appeals, First Circuit.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Edward P. Watt with whom Watt & Associates, P.C., Stephen C. Whiting and The Whiting Law Firm were on brief, for appellant.

Dale C. Kerester with whom John Dennis, Lynch, Brewer, Hoffman & Fink, LLP, James G. Goggin, Peter S. Black, and Verrill & Dana, LLP were on brief, for appellee.

Before TORRUELLA, DYK, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

These cross-appeals relate to an agreement to create a website that went awry. Uncle Henry's, Inc. ("Uncle Henry's") contracted with Plaut Consulting Co., Inc. ("Plaut") to create a new website. When the desired website was not produced, Uncle Henry's terminated the contract and brought this action alleging breach of contract and various fraud-based claims. Plaut counterclaimed for quantum meruit and...

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