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JACOBSON & CO., INC. v. ARMSTRONG CORK CO.

No. 232, Docket 76-7336.

548 F.2d 438 (1977)

JACOBSON & COMPANY, INC., Plaintiff-Appellee, v. ARMSTRONG CORK COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 25, 1977.

Attorney(s) appearing for the Case

Sanford M. Litvack, New York City (James R. Withrow, Jr., John D. Gordan, III, Doris K. Shaw, Donovan, Leisure, Newton & Irvine, New York City, of counsel), for defendant-appellant.

David N. Ellenhorn, New York City (Eugene I. Farber, Moses & Singer, New York City, of counsel), for plaintiff-appellee.

Before HAYS, ANDERSON and GURFEIN, Circuit Judges.

HAYS, Circuit Judge.

Plaintiff-appellee Jacobson & Company, Inc. ("Jacobson") is a contractor in the business of furnishing and installing acoustical ceiling systems, interior partitions, and other interior building products. Defendant-appellant Armstrong Cork Company ("Armstrong") is the largest manufacturer of acoustical and non-acoustical ceiling products in the United States.

In March, 1968 Jacobson was designated an authorized distributor of Armstrong...

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