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BEAR BRAND HOSIERY CO. v. TIGHTS, INC.

No. 78-1116.

605 F.2d 723 (1979)

BEAR BRAND HOSIERY COMPANY, Appellant, v. TIGHTS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1979.

Attorney(s) appearing for the Case

Karl N. Hill, Greensboro, N. C. (William B. Rector, Jr., Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., on brief), for appellant.

Frank J. Sizemore, III, Greensboro, N. C. (Jack W. Floyd, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.

HAYNSWORTH, Chief Judge:

In this contract case within our diversity jurisdiction, the district court held that, after proper termination of the contract of indefinite duration, the terminating party had no obligation with respect to monies collected after the termination date but due and accrued before. He granted summary judgment, relying principally upon a provision that such payments were to be made with respect to collections each month by the tenth of each succeeding...

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