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MOFFATT ENTERPRISES, INC. v. BORDEN INC.

No. 86-3223.

807 F.2d 1169 (1986)

MOFFATT ENTERPRISES, INC., Eugene Moffatt, Raymond Moffatt, Robert Moffatt and Sidney Moffatt, Appellants, v. BORDEN INC., a corporation v. Kathryn MOFFATT, Patricia A. Moffatt, and Renee M. Moffatt.

United States Court of Appeals, Third Circuit.

Decided December 22, 1986.

Rehearing Denied January 15, 1987.

As Amended February 20, 1987.

Attorney(s) appearing for the Case

Daniel M. Berger, Ellen M. Viakley (argued), Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa., for appellants.

Frederick N. Egler, Jr. (argued), Egler, Anstandig, Garrett & Riley, Pittsburgh, Pa., for appellee.

Before WEIS, MANSMANN, and HUNTER, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The Moffatt brothers — Eugene, Raymond, Robert, and Sidney — and their corporation, Moffatt Enterprises, Inc., appeal from an order granting summary judgment in favor of the defendant, Borden, Inc. ("Borden").

The plaintiffs marketed a urea-formaldehyde foam insulation called Insulspray through a series of yearly distributor agreements with Borden. These agreements contained a release of...

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