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PARAMOUNT TECHNICAL PRODUCTS v. GSE LIN. TECHNOLOGY

No. 96-3334.

112 F.3d 942 (1997)

PARAMOUNT TECHNICAL PRODUCTS, INC., a South Dakota corporation, Plaintiff/Appellee, v. GSE LINING TECHNOLOGY, INC., a Delaware corporation, formerly known as Gundle Ventures, Inc.; Gundle/SLT Environmental, Inc., a Delaware corporation, formerly known as Gundle Environmental Systems, Inc.; PG Technology Co., a South Dakota general partnership, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1997.

Attorney(s) appearing for the Case

David L. Burgert, Houston, Texas, argued for defendants/appellants (Warren W. Harris, Amy Marlyse Wilson, Wynn A. Gunderson, and James S. Nelson, on the brief).

Anthony J. Lacerva, Cleveland, Ohio, argued for plaintiff/appellee (Jeanne E. Longmuir, James C. Scott, Gene N. Lebrun and Jay C. Shultz, on the brief).

Before MAGILL, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

This is a declaratory judgment action brought by Paramount Technical Products, Inc. (Paramount), seeking a determination that a proposed transaction would trigger an automatic termination clause in a licensing agreement. Paramount owns patents used to manufacture moisture barriers and sued to stop GSE Lining Technology, Inc., Gundle/SLT Environmental, Inc., and PG Technology Co. from selling certain...

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