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ECOLOGICAL FIBERS, INC. v. KAPPA GRAPHIC BD., BV.

No. CIV.A. 03-40159-NMG.

345 F.Supp.2d 13 (2004)

ECOLOGICAL FIBERS, INC., Plaintiff, v. KAPPA GRAPHIC BOARD, B.V., Defendant.

United States District Court, D. Massachusetts.

September 30, 2004.

Attorney(s) appearing for the Case

Michael P. Angelini, Bowditch & Dewey, LLP, Worcester, MA, for Kappa Graphic Board, B.V., Counter Claimant.

Stanley G. Barr, Kaufman & Canoles, Norfolk, VA, for Kappa Graphic Board, B.V., Defendant.

Johan R. Conrod, Jr., Kaufman & Canoles, Norfolk, VA, for Kappa Graphic Board, B.V., Defendant.

David R. Schaefer, Brenner, Saltzman, & Wallman, LLP, New Haven, CT, for Ecological Fibers, Inc., Plaintiff.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiff Ecological Fibers, Inc. ("Ecological") has brought this action alleging that defendant Kappa Graphic Board B.V. ("Kappa") breached a contract between the parties in bad faith and that the breach constituted an unfair business practice in violation of M.G.L. c. 93A. Kappa now moves to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6).

I. Factual Background

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