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FIBERLOK, INC. v. LMS ENTERPRISES, INC.

No. 91-4781.

976 F.2d 958 (1992)

FIBERLOK, INC., Plaintiff, Counter-Defendant-Appellant, v. LMS ENTERPRISES, INC., Defendant, Counter-Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1993.

Attorney(s) appearing for the Case

Gregory D. Smith, Tracy Crawford, Ramey, Flock, Jeffus, Crawford, Harper & Collins, Tyler, Tex., for Fiberlok, Inc.

Nelson J. Roach, Daingerfield, Tex., Stephen E. Smith, Longview, Tex., for LMS Enterprises.

Before JONES and WIENER, Circuit Judges, and LITTLE, District Judge.

LITTLE, District Judge:

Fiberlok, Inc., the plaintiff-appellant, is the licensor of bonded fiber cushioning processes and products. Fiberlok entered into two agreements with LMS Enterprises, Inc., the defendant-appellee. The first of these agreements was a supply contract in which LMS agreed to supply Fiberlok with resin. In addition there was a milling agreement between the parties under which LMS was to mill resin for Fiberlok...

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