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NEWRIVER, INC. v. NEWKIRK PRODUCTS, INC.

Civil Action No. 06-12146-WGY.

674 F.Supp.2d 320 (2009)

NEWRIVER, INC., Plaintiff v. NEWKIRK PRODUCTS, INC., Defendant.

United States District Court, D. Massachusetts.

December 16, 2009.

Attorney(s) appearing for the Case

Michael A. Albert Wolf, Ilan N. Barzilay Wolf, Greenfield & Sacks, PC, Boston, MA, for Plaintiff.

Edward J. Dailey, Kimberly J. Seluga, Robert L. Kann, Kerry L. Timbers, Sunstein Kann Murphy & Timbers LLP, John L. Strand Wolf, Greenfield & Sacks, PC, Boston, MA, Robert E. Heslin, Brett M. Hutton, Lee Palmateer, Heslin, Rothenberg, Farley, & Mesiti, P.C., Albany, NY, for Defendant.

MEMORANDUM OF DECISION AND ORDER

YOUNG, District Judge.

"The forms of action we have buried," wrote the great legal historian Frederick W. Maitland. "But," he added, "they still rule us from their graves."1

This case illustrates that, despite the unequivocal command of Federal Rule of Civil Procedure 2 that "there is one form of action—the civil...

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