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TREX CO., INC. v. EXXONMOBIL OIL CORP.

No. CIV.A. 02-529-A.

234 F.Supp.2d 572 (2002)

TREX COMPANY, INC., and Trex Company, LLC, Plaintiffs, v. EXXONMOBIL OIL CORPORATION, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

December 10, 2002.

Attorney(s) appearing for the Case

Wendy Anderson Terry, Hale and Dorr, Washington, DC, for Plaintiffs.

Mark Allison Miller, Baker & Botts, The Warner, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

In this diversity declaratory judgment action, the parties to a transaction involving the sale of a business dispute whether a particular patent infringement suit is a liability retained by the seller or one assumed by the purchaser. At issue on summary judgment is the interpretation of provisions in the parties' Asset Purchase Agreement (the Agreement) that define the "excluded liabilities" that were to remain...

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