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MERCURY SYSTEMS v. SHAREHOLDER REPRESENTATIVE

No. 14-2156.

820 F.3d 46 (2016)

MERCURY SYSTEMS, INC., Plaintiff, Appellant, v. SHAREHOLDER REPRESENTATIVE SERVICES, LLC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 26, 2016.

Attorney(s) appearing for the Case

Christopher H.M. Carter , with whom Hinckley, Allen & Snyder LLP was on brief, for appellant.

Roger A. Lane , with whom Courtney Worcester and Foley & Lardner LLP were on brief, for appellee.

Before THOMPSON, LIPEZ, and BARRON, Circuit Judges.

We must interpret a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss. The sellers agreed to indemnify the buyer for the tax liabilities of the company being sold, except that the tax bills for indemnification purposes were to be...

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