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NORTHEAST. WHOLESAL. v. OWENS-CORNING

24 Misc.2d 165 (1960)

Northeastern Wholesalers, Inc., Plaintiff, v. Owens-Corning Fiberglas Corporation, Defendant.

Supreme Court, Special Term, New York County.

January 12, 1960.

Attorney(s) appearing for the Case

Shearman & Sterling & Wright for defendant.

B. Ginsberg for plaintiff.

SAMUEL H. HOFSTADTER, J.

Defendant moves for judgment dismissing the second and third causes of action pursuant to subdivision 1 of rule 107 and the fifth cause of action pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. In the second cause of action plaintiff alleges it acquired an exclusive sales agency from the defendant to continue "so long as the plaintiff's sales in the said areas constituted a reasonable percentage of the defendant...

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