Pipe Liners, Inc. v. Edenwald Contracting Co.

650 So. 2d 304, 93 La.App. 5 Cir. 835, 1995 La. App. LEXIS 45, 1995 WL 15422
Louisiana Court of Appeal·Decided January 18, 1995·No. No. 93-CA-835·Published·Cited by 1 cases

Opinions

laGOTHARD, Judge.

Pipe Liners, Inc. (Pipe Liners) and New Hope Pipe Liners, Inc. (New Hope) appeal a judgment of the district court granting a preliminary injunction in favor of one of the many defendants in this suit, U-Liners East, Inc. (U-Liners). The remaining defendants include Edenwald Contracting Co., Inc., U-Liners Inc., U-Liners Contracting Co., and several of the individual owners of these corporations (Charles J. Follini, Jr., Robert Follini, Charles J. Follini, Sr., Eugene J. Camali, and George Paletta). The suit concerns the interpretation of a licensing agreement among the various parties. For the following reasons, the district court judgment is affirmed and the matter is remanded.

\ ¡¡FACTS

The basic facts, as recited in our previous opinion in Pipe Liners v. Edenwald Contracting, 610 So.2d 1109, 1110 (La.App. 5th Cir.1992), are as follows:

Pipe Liners developed, patented, and sells a process and materials for repairing underground pipes without digging up the ground. It uses plastic liners deformed into a “U” shape, which are threaded through existing pipe and then expanded with steam pressure. It granted exclusive licenses for the use of its process and products. It entered into such an agreement -with Edenwald on August 2, 1988, covering New York, New Jersey, and Connecticut. Edenwald assigned its rights under the licensing agreement to U-Liners. Pipe Liners also contracted with U-Liners East, a corporation with apparently the same principals as Edenwald and U-Liners, on August 25, 1988, for exclusive rights in Area 1 (Maine, Vermont, New Hampshire, Massachusetts, and Rhode Island) and Area 2 (Delaware, Virginia, Maryland, the District of Columbia, and most of Pennsylvania).

The licensing agreement between Pipe Liners and U-Liners was amended in August of 1989, to include an obligation of Pipe Liners to supply U-Liners with pipe-lining materials “... of merchantable quality according to [Pipe Liners] specifications and/or applicable industry standards as they pertain to length, outside diameter and SDR

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Pipe Liners, Inc. v. Edenwald Contracting Co., 650 So. 2d 304, 93 La.App. 5 Cir. 835, 1995 La. App. LEXIS 45, 1995 WL 15422 (La. Ct. App. 1995).

650 So. 2d 304 (Pipe Liners, Inc. v. Edenwald Contracting Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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