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

No. 08-1048.

546 F.3d 1 (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.

Decided September 23, 2008.

Attorney(s) appearing for the Case

Paul F. Macri with whom William D. Robitzek and Berman & Simmons, P.A. were on brief for appellant.

Raymond Michael Ripple and John C. Wyman with whom Murtha Cullina LLP was on joint brief for appellees.

Before BOUDIN, SELYA and DYK, Circuit Judges.

BOUDIN, Circuit Judge.

E.I. du Pont de Nemours and Company ("DuPont"), based in Delaware, is a well-known maker of chemical and other products. In selling its solid surface materials, DuPont for a number of years franchised distributors, each with an exclusive marketing area or areas (referred to as the franchisee's "GMA"). One of these distributors — Maine based New England Surfaces ("NES") — held the exclusive franchise for much of New England. The...

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