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EASTERN MOUNT. PLATFORM TENNIS, INC. v. SHERWIN-WILLIAMS CO.

Nos. 94-1044, 94-1045.

40 F.3d 492 (1994)

EASTERN MOUNTAIN PLATFORM TENNIS, INC., Plaintiff, Appellant, v. The SHERWIN-WILLIAMS COMPANY, INC., Defendant, Appellee. EASTERN MOUNTAIN PLATFORM TENNIS, INC., Plaintiff, Appellee, v. The SHERWIN-WILLIAMS COMPANY, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 28, 1994.

Attorney(s) appearing for the Case

Ovide M. Lamontagne with whom George R. Moore and Devine, Millimet & Branch, P.A., Manchester, NH, were on brief, for The Sherwin-Williams Co.

Stephen S. Ostrach, Patrick W. Hanifin, Todd S. Brilliant and New England Legal Foundation, Boston, MA, were on brief, for Business and Industry Ass'n of New Hampshire, amicus curiae.

Kenneth G. Bouchard with whom Paul B. Kleinman and Bouchard & Mallory, P.A., Manchester, NH, were on brief, for Eastern Mountain Platform Tennis, Inc.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and CARTER, District Judge.

CARTER, Chief District Judge.

This action arose from the sale of a paint system recommended by Defendant, The Sherwin-Williams Company ("Sherwin-Williams"), to Plaintiff, Eastern Mountain Platform Tennis, Inc. ("EMPT"), for use in producing platform tennis courts. Sherwin-Williams' representative David Shelley ("Shelley") recommended a paint system to EMPT after EMPT informed Shelley that it would not change products unless the new system met or exceeded the performance...

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