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EVANS v. BLDG. MATERIALS CORP. OF AMERICA

2016-2427.

858 F.3d 1377 (2017)

Stephen F. EVANS, Roof N Box, Inc., Plaintiffs-Appellees v. BUILDING MATERIALS CORPORATION OF AMERICA, dba GAF-ELK Corporation, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: June 5, 2017.

Attorney(s) appearing for the Case

GREGORY N. STILLMAN , Hunton & Williams LLP, Norfolk, VA, argued for plaintiffs-appellees. Also represented by WENDY COHEN McGRAW.

JOHN DENNIS MURNANE , Fitzpatrick, Cella, Harper & Scinto, New York, NY, argued for defendant-appellant. Also represented by ROBERT SCOTT PICKENS ; JUSTIN J. OLIVER , Washington, DC.

Before Reyna, Linn, and Taranto, Circuit Judges.

In September 2009, Roof N Box, Inc. (RNB) and Building Materials Corp. of America d/b/a GAF-ELK Corp. (GAF) entered into an agreement under which GAF would promote RNB's "Roof N Box" product, a three-dimensional roofing model, to building-construction contractors affiliated with GAF. The agreement contains a provision that...

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