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PHILIPPE v. SHAPE, INC.

Civ. No. 87-0337-P.

688 F.Supp. 783 (1988)

David PHILIPPE, Plaintiff, v. SHAPE, INC., et al., Defendants.

United States District Court, D. Maine.

July 22, 1988.

Attorney(s) appearing for the Case

Jay S. Blumenkopf, Drummond, Woodsum, Plimpton & MacMahon, Portland, Me., for plaintiff.

Paul F. Zendzian, Portland, Me., for defendants.

MEMORANDUM OF DECISION

GENE CARTER, District Judge.

I. Introduction

Plaintiff brings this action against Shape, Inc., and two of its officers, to recover for damages that allegedly occurred when the company, pursuant to a capitalization plan, issued notes convertible to common stock and changed its corporate residence. Plaintiff, a Shape stockholder, claims that by fraudulently misrepresenting material facts in corporate documents, failing...

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