District Court, D. Massachusetts December 18, 1996, Civil Action 96-10106-MEL (Sierra Fria Corp. v. DONALD J. EVANS (PC))

MEMORANDUM

LASKER, District Judge.

On October 15, 1996, Findings of Fact and Conclusions of Law were filed dismissing the plaintiffs Complaint. This memorandum disposes of defendants’ counterclaim. At my invitation, counsel have submitted letters setting forth their views as to the proper determination of the counterclaim. This memorandum deals with the issues raised by that correspondence.

I.