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BIO-VITA, LTD. v. RAUSCH

Civ. A. No. 90-12688-T.

759 F.Supp. 33 (1991)

BIO-VITA, LTD. and Hemo-Innovations, Ltd., Plaintiffs, v. Carl W. RAUSCH, as General Partner of Biopure Associates Limited Partnership, Biopure Corporation and Biopure Associates Limited Partnership, Defendants, Plaintiffs-in-Counterclaim, v. William P. TRAINOR, Diane M. Trainor, Bio-Vita, Ltd., and Hemo-Innovations, Ltd., Defendants-in-Counterclaim.

United States District Court, D. Massachusetts.

March 12, 1991.

Attorney(s) appearing for the Case

Leila R. Kern, Kern, Sosman, Hagerty, Roach & Carpenter, Boston, Mass., for plaintiffs.

S. Elaine McChesney, Randal A. Farrar, Robert A. Buhlman, Bingham, Dana & Gould, Boston, Mass., for plaintiffs-in-counterclaim.

MEMORANDUM

TAURO, District Judge.

This action arises out of a series of written agreements entered into on January 29, 1990 (the "January Agreements") between plaintiff Bio-Vita, Ltd. and defendants Biopure Corporation ("Biopure") and Biopure Associates Limited Partnership ("BALP").1 The underlying purpose of the January Agreements was to finance and promote the research, development, and marketing of Hemopure, a human blood...

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