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FIRST MARBLEHEAD CORP. v. HOUSE

No. 06-1114.

473 F.3d 1 (2006)

The FIRST MARBLEHEAD CORP., Plaintiff, Appellee, v. Gregory HOUSE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2006.

Attorney(s) appearing for the Case

Peter N. Wang, with whom Yonaton Aronoff and Foley & Lardner LLP were on brief, for appellant.

Kenneth J. DeMoura, with whom Michael D. Riseberg and Adler Pollock & Sheehan P.C. were on brief, for appellee.

Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This case concerns a claim made by Gregory House against his former employer, First Marblehead Corporation (the "Company"), relating to its refusal to honor his attempt to exercise certain incentive stock options ("ISOs") he received during his employment. According to the written, board-approved plan governing the ISOs' terms and conditions ("the Plan"), House's ISOs expired three months after his resignation from the Company. However, House...

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