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PENNWALT CORP. v. PLOUGH, INC.

Civ. A. No. 81-227.

516 F.Supp. 751 (1981)

PENNWALT CORP., Plaintiff, v. PLOUGH, INC., Defendant.

United States District Court, D. Delaware.

June 23, 1981.

Attorney(s) appearing for the Case

Richard D. Allen, and Donald F. Parsons, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiff; Matthew J. Broderick, and Aaron C. F. Finkbiner, III, of Deckert, Price & Rhoads, Philadelphia, Pa., of counsel.

Joseph A. Rosenthal, of Morris & Rosenthal, Wilmington, Del., for defendant; Donald H. Green, Robert A. Skitol, and John F. Daly, of Wald, Harkrader & Ross, Washington, D. C. and John R. Stewart, and Richard E. Duerr, Jr., of Plough, Inc., Memphis, Tenn., of counsel.

OPINION

CALEB M. WRIGHT, Senior District Judge.

In this action, plaintiff Pennwalt Corporation ("Pennwalt") seeks to have the Court enjoin Plough, Inc. ("Plough") from running advertisements that include certain claims which allegedly violate the terms of a settlement agreement recently concluded by these parties. The Court concludes, as a matter of contract interpretation, that the claims challenged by Pennwalt are not "covered claims" within the scope...

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