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FORBO-GIUBIASCO, S. A. v. CONGOLEUM CORP.

No. 78 Civ. 5390.

463 F.Supp. 1240 (1979)

FORBO-GIUBIASCO, S. A., Plaintiff, v. CONGOLEUM CORPORATION, Defendant.

United States District Court, S. D. New York.

January 23, 1979.

Attorney(s) appearing for the Case

Toren, McGeady & Stanger, P. C., New York City, for plaintiff; David Toren, Jules E. Goldberg, Michael J. Kunstler, Samuel B. Mayer, New York City, of counsel.

D'Amato & Lynch, New York City, for defendant; Robert E. Meshel, Margaret M. O'Neill, New York City, Phillip B. Chavot, Richard T. Laughlin, of counsel.

LASKER, District Judge.

Forbo-Giubiasco, S.A. (Giubiasco) is a licensee of Congoleum Corporation (Congoleum) by virtue of an agreement entered into by their respective predecessors in August of 1972. Paragraph 20 of the agreement provides that if Congoleum grants a license "at a royalty rate more favorable to [a later] licensee than the royalty rate provided for in this agreement," Giubiasco shall have the option within thirty days after notification of such other...

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