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IN RE KENTILE FLOORS, INC.

No. 95 Civ. 2470(LLS).

30 F.Supp.2d 427 (1998)

In the Matter of KENTILE FLOORS, INC., Debtor. Kentile Floors, Inc., Plaintiff, v. Congoleum Corporation, Defendant.

United States District Court, S.D. New York.

December 16, 1998.

Attorney(s) appearing for the Case

Pitney, Hardin, Kipp & Szuch, (Robert S. Burrick, Scott A. Zuber, Theodore B. Choi, of counsel), Florham Park, NJ, for Plaintiff.

Patterson, Belknap, Webb & Tyler (Thomas W. Pippert, William F. Cavanaugh, Jr., of counsel), New York, NY, for Defendant.

Memorandum and Order

STANTON, District Judge.

The only claim remaining is for tortious interference with plaintiff Kentile Floors, Inc.'s prospective business relations with its dealers. Defendant Congoleum Corporation moves for summary judgment.

The affidavit of plaintiff's former president, Mason N. Carter, submitted in opposition to the motion, consists substantially of hearsay, which is incompetent under Fed. R.Civ.P. 56(e): "Supporting and opposing...

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