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FACTORY MARKET, INC. v. SCHULLER INTERN., INC.

No. CIV. A. 97-0435.

987 F.Supp. 387 (1997)

FACTORY MARKET, INC., Plaintiff, v. SCHULLER INTERNATIONAL INC., Defendant.

United States District Court, E.D. Pennsylvania.

As Amended January 9, 1998.

Attorney(s) appearing for the Case

Stephen J. Mathes, Elliot Fertik, Hoyle, Morris & Kerr, Philadelphia, PA, for Factory Market, Inc., Plaintiff.

John L. Aris, Duane, Morris & Heckscher, Philadelphia, PA, for Schuller International, Inc., Defendant.

MEMORANDUM

NEWCOMER, District Judge.

Presently before this Court are defendant's Motion for Partial Summary Judgment, and the plaintiff's response thereto. For the reasons that follow, this Court will grant in part and deny in part defendant's Motion.

I. Background

This action arises out of an ongoing and contentious dispute between the parties over a roofing system which defendant Schuller International, Inc. ("Schuller"...

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