AMERICAN HOSPITAL SUPPLY CORP. V. HOSPITAL PRODUCTS LTD.
780 F.2d 589 (7th Cir. 1986)
NATURE OF THE CASE: This was a dispute over the termination of a distributor.
FACTS: Hospital Products (D) was one of the world's two principal manufacturers of
reusable surgical stapling systems for internal surgical procedures. American (P) was the
world's largest distributor of medical and surgical supplies and became D's exclusive
distributor in the U.S. The contract was for three years, but provided for renewals
automatically for successive one year periods for up to ten years total. There was 90 days
notice provision for termination and for the initial three-year period that notice day was
June 3, 1985. On that day D sent P a letter demanding to know of P intended to renew and
that silence meant renewal. P affirmed renewal. D then decided the next day to terminate. P
sued D and moved for a preliminary injunction, which was granted. D filed for bankruptcy. D
appealed under 28 U.S.C.1292 (a)(1).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment