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FISHER v. KADANT, INC.

No. 09-1495.

589 F.3d 505 (2009)

Terrence FISHER et al., Plaintiffs, Appellants, v. KADANT, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Kevin P. Roddy, with whom Lynne M. Kizis, Daniel R. Lapinski, Wilentz, Goldman & Spitzer, P.A., Scott R. Shepherd, Natalie Finkelman Bennett, Nathan C. Zipperian, James E. Miller, Laurie Rubinow, Shepherd, Finkelman, Miller & Shah, LLP, Robert T. Naumes, and Thornton & Naumes LLP were on brief, for appellants.

James W. Prendergast, with whom John G. Fabiano, Christopher B. Zimmerman, Adam J. Hornstine, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellees Kadant, Inc. and Liberty Diversified Industries, Inc.

Edward W. Little, Jr., and McCarter & English, LLP on brief for appellee Kadant Composites LLC.

Before BOUDIN and SELYA, Circuit Judges, and LAPLANTE, District Judge.

SELYA, Circuit Judge.

This appeal grows out of an action brought by four purchasers of allegedly defective products. Their complaint, filed in the United States District Court for the District of Massachusetts, sought class certification and the recovery of class-wide damages against the manufacturer, its parent, and a firm that had acquired its assets.

Confronted by dispositive motions, Fed. R.Civ.P. 12(b)(6), the district court dismissed the complaint for...

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