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COOPER DISTRIBUTING CO. v. AMANA REFRIGERATION, INC.

Nos. 94-5569, 94-5570.

63 F.3d 262 (1995)

COOPER DISTRIBUTING CO., INC., a New Jersey Corporation, Appellant in 94-5570, v. AMANA REFRIGERATION, INC., a Delaware Corporation, Appellant in No. 94-5569.

United States Court of Appeals, Third Circuit.

Decided August 22, 1995.

Sur Petition for Rehearing September 28, 1995.

Attorney(s) appearing for the Case

Stephen J. Holtman, (argued), David A. Hacker, and Leonard T. Strand, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, IA, for appellant and cross-appellee, Amana Refrigeration, Inc.

Franzblau Dratch, P.C., Roseland, NJ, Kenneth K. Lehn (argued), on brief (S.M. Chris Franzblau, of counsel), for appellee and cross-appellant, Cooper Distributing Co., Inc.

Bertram P. Goltz, Jr., Office of Atty. Gen. of New Jersey, Newark, NJ, for the Atty. Gen. of the State of N.J.

Before: SLOVITER, Chief Judge, ALITO, Circuit Judge and SCHWARZER, Senior District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Defendant Amana Refrigeration, Inc. ("Amana"), a manufacturer of home appliances, appeals a judgment for $9,375,000 in favor of plaintiff Cooper Distributing Co., Inc. ("Cooper"), a distributor of Amana home appliances. After supplying Cooper with its products for approximately 30 years, Amana attempted to terminate its relationship with Cooper. Cooper sued, claiming that the termination and the circumstances surrounding...

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