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TAS DISTRIBUTING CO., INC. v. CUMMINS ENGINE CO.

No. 05-1371.

491 F.3d 625 (2007)

TAS DISTRIBUTING COMPANY, INCORPORATED, Plaintiff-Appellant, v. CUMMINS ENGINE COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 2007.

Attorney(s) appearing for the Case

Robert M. Riffle (argued), Elias, Meginnes, Riffle & Seghetti, Peoria, IL, for Plaintiff-Appellant.

Marianne C. Holzhall (argued), Foley & Lardner, Chicago, IL, for Defendant-Appellee.

Before RIPPLE, MANION and WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

This case arises out of an agreement between TAS Distributing Company, Inc. ("TAS") and Cummins Engine Company, Inc. ("Cummins"). In that agreement, TAS granted Cummins a co-exclusive license to use its idle-control technology for heavy-duty truck engines. The agreements required Cummins to "make all reasonable efforts to market and sell" the licensed products in an effort to maximize royalties payable to TAS. TAS, believing that Cummins was...

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