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NEW ENGLAND SURFACES v. E.I. DU PONT DE NEMOURS

No. 08-1048.

546 F.3d 11 (2008)

NEW ENGLAND SURFACES, d/b/a Dion Distributors, Inc., Plaintiff, Appellant, v. E.I. DU PONT DE NEMOURS AND COMPANY, d/b/a Du Pont, and Parksite, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 21, 2008.

Attorney(s) appearing for the Case

William D. Robitzek, Paul F. Macri, Berman & Simmons, Lewiston, ME, for Plaintiff, Appellant.

Deborah A. Buccina, Douglas, Denham, Buccina & Ernst, Portland, ME, John C. Wyman, Murtha Cullina, Boston, MA, for E.I. Du Pont De Nemours and Company.

Harold J. Friedman, Martha C. Gaythwaite, Friedman, Gaythwaite, Wolf & Levitt, Portland, ME, for Parksite, Inc.

Before BOUDIN, SELYA and DYK, Circuit Judges.

ORDER ON REHEARING

DuPont has filed a petition for rehearing of our decision in which one substantive point warrants brief discussion. Specifically, in arguing that nothing would be achieved by a remand, DuPont asserts that even if under section 187 of the Restatement (Second) of Conflict of Laws Connecticut's interest in franchisee-protection were superior to Delaware's, Delaware law is still plainly the correct general choice of law under section 188. Thus...

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