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APG, INC. v. MCI TELECOMMUNICATIONS CORP.

No. 02-1120.

436 F.3d 294 (2006)

APG, INC., Plaintiff, Appellant, v. MCI TELECOMMUNICATIONS CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 8, 2006.

Attorney(s) appearing for the Case

Howard B. Klein, with whom Mark B. Decof and Decof & Decof, P.C., were on brief, for appellant.

Mark A. Berthiaume, with whom Louis J. Scerra, Jr., Marc DeSisto, Schnader Harrison Goldstein & Manello, and DeSisto Law were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

COFFIN, Senior Circuit Judge.

In early 1997, appellant APG, Inc., acting as a middleman, initiated discussions with CVS Corp. ("CVS"), the national drug store chain, in an effort to persuade CVS to buy, for re-sale in its stores, prepaid telephone cards provided by MCI Telecommunications Corp. ("MCI"). Ultimately, CVS and MCI bypassed APG; CVS contracted directly with MCI to buy thousands of prepaid cards annually. In this diversity action, APG claims that MCI deceitfully...

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