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HORPHAG RESEARCH LTD. v. HENKEL CORP.

No. 00 Civ. 0438(MBM).

115 F.Supp.2d 455 (2000)

HORPHAG RESEARCH LIMITED, Plaintiff, v. HENKEL CORPORATION and Cognis Corporation, Defendants. Henkel Corporation and Cognis Corporation, Counterclaim and Third-Party Plaintiffs, v. Horphag Research Limited, Counterclaim Defendant, and Charles Haimoff, Frank Assumma, and Natural Health Science, L.L.C., Third-Party Defendants.

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

October 5, 2000.

Attorney(s) appearing for the Case

Eduardo L. Tabio, Fox Horan & Camerini, New York City, for Plaintiff.

R. Scott Garley, Gibson, Del Deo, Dolan, Griffinger & Vecchione, New York City, Collins J. Seitz, Rudolf E. Hutz, Connolly Bove Lodge & Hutz, Wilmington, DE, for Defendants.

John J. Henry, Whiteman Osterman & Hanna, Albany, NY, for Third-Party Defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Defendants Henkel Corporation and Cognis Corporation ("Henkel/Cognis") have moved for specific enforcement of what they allege is a written settlement agreement between them and plaintiff Horphag Corporation. Horphag manufactures Pycnogenol, a trademarked anti-aging nutritional supplement derived from the bark of French pine trees. Henkel/Cognis has distributed the product. The parties' underlying dispute arose...

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