GLOBAL NAPS, INC. v. VERIZON NEW ENGLAND, INC.

Nos. 06-2095, 06-2120.

489 F.3d 13 (2007)

GLOBAL NAPS, INC., Plaintiff, Appellant, v. VERIZON NEW ENGLAND, INC. d/b/a Verizon Massachusetts; Massachusetts Department of Telecommunications and Energy; Paul B. Vasington, in his capacity as Commissioner; James Connelly, in his capacity as Commissioner; W. Robert Keating, in his capacity as Commissioner; Deirdre K. Manning, in her capacity as Commissioner; Eugene J. Sullivan, Jr., in his capacity as Commissioner, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 30, 2007.


Attorney(s) appearing for the Case

John W. McGuinness, with whom Glenn B. Manishin, Kelley Drye & Warren LLP, William J. Rooney, and Jeffrey Melick were on brief, for appellant.

Scott H. Angstreich, with whom David F. Engstrom, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Bruce P. Beausejour, Richard P. Owens, Keefe B. Clemons, Robert Weigel, and Gibson, Dunn & Crutcher LLP were on brief, for appellee Verizon New England, Inc.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.


LYNCH, Circuit Judge.

This appeal raises issues concerning the release of security when an appellant has previously been ordered to post that security as a condition for obtaining an injunction pending appeal. See Fed.R.Civ.P. 65(c). In this case, the district court released the security after this court had rejected the appeal and dissolved the injunction.

We affirm the district court's release of $16 million in security to appellee Verizon New England...

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