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IN RE TYCO INTERN. LTD. SECURITIES

No. 04-1848.

422 F.3d 41 (2005)

In re TYCO INTERNATIONAL LTD. SECURITIES LITIGATION, Tyco International Ltd.; Tyco International (US) Inc., Plaintiffs, Appellees, v. Mark H. Swartz, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 7, 2005.

Attorney(s) appearing for the Case

Michael J. Grudberg, with whom Stillman & Friedman, P.C. was on brief for appellant.

Jeremy M. Goldman, with whom David W. Shapiro and Boies, Schiller & Flexner LLP were on brief for appellees.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

CYR, Senior Circuit Judge.

Mark H. Swartz appeals from the district court order which dismissed his motion to stay the civil actions lodged against him by his former employer, Tyco International ("Tyco"), as well as his motion to compel arbitration of the Tyco claims. As we discern no error, the district court judgment must be affirmed.

I

BACKGROUND

Swartz served as the Chief Financial Officer of Tyco until September 10, 2002, when...

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