Of the District of Maine, sitting by designation.
United States Court of Appeals
For the First Circuit
No. 08-2199MASSACHUSETTS MUSEUM OF CONTEMPORARY ART FOUNDATION, INC.,Plaintiff, Appellee,v.CHRISTOPH BÜCHEL,Defendant, Appellant.ON APPEAL FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS[Hon. Michael A. Ponsor, U.S. District Judge]BeforeLipez and Howard, Circuit Judges,and Woodcock, District Judge.
George T. Conway III, with whom Elaine P. Golin, Wachtell,Lipton, Rosen & Katz, John C. Blessington, Sara E. Yevics, K&LGates LLP, Elena M. Paul, Sergio Muñoz Sarmiento, and VolunteerLawyers for the Arts were on brief, for appellant.John L. Gardiner, with whom Elizabeth A. Hellmann, Kurt Wm.Hmr, Lindsay R. Dickerson, and Skadden, Arps, Slate, Meagher & FlomLLP were on brief, for appellee.January 27, 2010