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TEMPO SHAIN CORP. v. BERTEK, INC.

No. 1460, Docket 96-9471.

120 F.3d 16 (1997)

In the Matter of the Arbitration Between TEMPO SHAIN CORPORATION; Neptune Plus Corporation, Petitioners-Appellees, v. BERTEK, INC., Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 21, 1997.

Attorney(s) appearing for the Case

Michael C. Silberberg, New York City (Edward M. Spiro, Jessica R. Bernanke, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City, of counsel), for Respondent-Appellant.

Sheldon Eisenberger, New York City (Daniel J. Cooper, The Law Office of Sheldon Eisenberger, New York City, of counsel), for Petitioners-Appellees.

Before: WALKER, PARKER and HEANEY, Circuit Judges.

PARKER, Circuit Judge:

Neptune Plus Corporation ("Neptune"), an affiliate of Tempo Shain Corporation ("Tempo Shain"), entered into an agreement with Bertek, Inc. ("Bertek") to purchase a license agreement from Gelman Sciences, Inc. ("Gelman") for a patented process to treat materials to enhance their repellency characteristics. Under the agreement, Bertek was to manufacture the treated material, which Neptune intended to sell to the apparel and footwear industries...

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