KOCH MATERIALS CO. v. SHORE SLURRY SEAL, INC.

CIVIL ACTION NO. 01-2059.

205 F.Supp.2d 324 (2002)

KOCH MATERIALS COMPANY, Plaintiff, v. SHORE SLURRY SEAL, INC., and Asphalt Paving Systems, Inc., Defendants. Shore Slurry Seal, Inc., Counterclaim Plaintiff, v. Koch Materials Company, Counterclaim Defendant.

United States District Court, D. New Jersey.

June 12, 2002.


Attorney(s) appearing for the Case

Stephen B. Nolan, Stradley, Ronon, Stevens & Young, LLP, Cherry Hill, NJ, John R. Ferguson, Jonathan P. Guy, L. Misha Preheim, Swidler Berlin Shereff Friedman, LLP, Washington, DC, Michael A. Ceramella, Wichita, KS, for Plaintiff and Counterclaim Defendant, Koch Materials Company.

Neil C. Schur, Stevens & Lee, P.C., Cherry Hill, NJ, Carl W. Hittinger, Donald E. Wieand, Jr., Stevens & Lee, P.C., Philadelphia, PA, for Defendant and Counterclaim Plaintiff, Shore Slurry Seal, Inc.

Frederic L. Shenkman, Howard E. Drucks, Cooper Perskie April Niedelman Wagenheim & Levenson, Atlantic City, NJ, for Defendant, Asphalt Paving Systems, Inc.


OPINION

ORLOFSKY, District Judge.

I. INTRODUCTION

A good relationship is built on good communication. As this case proves, that aphorism is no less true of long-term business dealings than it is of marriages. One of the Defendants, Shore Slurry Seal, Inc. ("Shore"), a construction company, entered into a long-term exclusive requirements contract with the Plaintiff, Koch Materials Company ("Koch"). Midway through the term of the contract, Shore...

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