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MOFFATT ENTERPRISES, INC. v. BORDEN, INC.

Civ. A. No. 82-2536.

763 F.Supp. 143 (1990)

MOFFATT ENTERPRISES, INC., Eugene Moffatt, Raymond Moffatt, Robert Moffatt and Sidney Moffatt, Plaintiffs, v. BORDEN, INC., Defendant.

United States District Court, W.D. Pennsylvania.

February 7, 1990.

Attorney(s) appearing for the Case

Daniel M. Berger, Berger Kapetan Malakoff & Meyers, P.C., Pittsburgh, Pa., and Prentice H. Marshall, Jr., Sidley & Austin, Chicago, Ill., for plaintiffs.

Frederick N. Egler, Egler, Anstandig & Garrett, Pittsburgh, Pa., for defendant.

OPINION

COHILL, Chief Judge.

The Moffatt brothers — Eugene, Raymond, Robert and Sidney — and their corporation, Moffatt Enterprises, Inc., bring this action alleging, inter alia, that Defendant Borden, Inc. fraudulently induced them to enter into a distributorship agreement whereby they would distribute "Insulspray," a foam insulation manufactured by Borden. In addition to six counts asserting state common law claims, plaintiffs have asserted...

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