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ITV DIRECT, INC. v. HEALTHY SOLUTIONS, LLC

No. 05-2323.

445 F.3d 66 (2006)

ITV DIRECT, INC.; Direct Fulfillment, LLC, Plaintiffs, Appellants. Cappseals, Inc., Intervenor-Plaintiff, Appellee, v. HEALTHY SOLUTIONS, LLC, A California Limited Liability Corp., d/b/a Direct Business Concepts; Health Solutions, Inc., A California Corp.; Alejandro Guerrero, individually and as a Member of Healthy Solutions, LLC, and as Officer and Director of Health Solutions, Inc., Michael Howell, individually and as a Member of Healthy Solutions, LLC, and as Officer and Director of Health Solutions, Inc.; Greg Geremesz, individually and as a Member of Healthy Solutions, LLC, and as Officer and Director of Health Solutions, Inc.; Does 1-10, Inclusive, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 17, 2006.

Attorney(s) appearing for the Case

Christopher F. Robertson with whom Peter S. Brooks, Susan W. Gelwick and Seyfarth Shaw LLP were on brief for appellants.

Daniel J. Kelly with whom Scott A Silverman, Peter Antonelli and Gadsby Hannah LLP were on brief for intervenor-plaintiff, appellee.

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

BOUDIN, Chief Judge.

This case grows out of contractual arrangements and transactions involving three different companies: plaintiff-appellant ITV Direct, Inc. ("ITV") — essentially a promoter-distributor; Healthy Solutions, LLC ("Healthy Solutions"), defendant in the district court but not a party to this appeal, which created a food supplement called Supreme Greens; and Cappseals, Inc., intervenor-appellee, which undertook to manufacture Supreme Greens for...

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