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WORLD-WIDE RIGHTS LTD. v. COMBE INC.

No. 91-1050.

955 F.2d 242 (1992)

WORLD-WIDE RIGHTS LIMITED PARTNERSHIP, Plaintiff-Appellant, v. COMBE INCORPORATED; Combe Puerto Rico, Incorporated, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1992.

Attorney(s) appearing for the Case

Lawrence Stephen Greenwald, Gordon, Feinblatt Rothman, Hoffberger & Hollander, Baltimore, Md., argued (Jeffrey Schwaber, on brief), for plaintiff-appellant.

Charles Joseph Yast, Jr., Lord, Bissell & Brook, Chicago, Ill., argued (R.R. McMahan, Chicago, Ill., Robert B. Green, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Md., on brief), for defendants-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and PHILLIPS and NIEMEYER, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

World-Wide Rights Limited Partnership (World) brought a declaratory judgment action in diversity, seeking to establish its right to royalty payments under a 1961 licensing agreement (the Agreement) with Combe Incorporated (Combe). On the parties' cross-motions for summary judgment, the district court concluded as a matter of law that the critical language of the Agreement was unambiguous and did not require Combe to pay royalties...

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