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Fisher v. Kadant, Inc. , No. 09-1495

In plaintiffs' action against defendants alleging they manufactured and sold defective decking and railing products, judgment of the district court denying plaintiffs' post-judgment motion is affirmed as plaintiffs have not met the burden of showing that they are entitled to relief from the previously entered judgment as a passing request to a possible future motion to amend, contained in an opposition to a motion to dismiss, is without effect in these circumstances. 

Read Fisher v. Kadant, Inc. , No. 09-1495

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided December 22, 2009


Before:  Boudin and Seyla, Circuit Judges, Laplante, District Judge

Opinion by Seyla, Circuit Judge


For Appellant:    Kevin P. Roddy, Lynne M. Kizis, Daniel R. Lapinski, Wilentz, Goldman & Spitzer, P.A.,   Scott R. Shepherd, Natalie Finkelman Bennett, Nathan C. Zipperian, James E. Miller, Laurie Rubinow, Shepherd, Finkelman, Miller & Shah, LLP, Robert T. Naumes, and Thornton & Naumes LLP

For Appellee:     James W. Prendergast, John G. Fabiano, Christopher B. Zimmerman, Adam J. Hornstine, and Wilmer Cutler Pickering Hale and Dorr LLP