Moffatt Enterprises, Inc. v. Borden Inc.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The Moffatt brothers — Eugene, Raymond, Robert, and Sidney — and their corporation, Moffatt Enterprises, Inc., appeal from an order granting summary judgment in favor of the defendant, Borden, Inc. (“Borden”).

The plaintiffs marketed a urea-formaldehyde foam insulation called Insulspray through a series of yearly distributor agreements with Borden. These agreements contained a release of claims and permitted the parties to terminate their venture upon six months’ notice, or not to renew the distributorship at the end of the one-year terms. In their…