Document 9O0dxeJm085GQQRNpKB53L5R

plaintiffs EXHIBIT WV'05895 i ac-^'lXtg .**< i>*9 HAwrtM c .IT'AIAM A <?*' comhoh sk CHC3TON *,oc* hcso *U,tN MUKTCaWHITC e. CMXB AT CWKST9M OAHtCV MU.UBB SHtBWm 7. **QO*tU BtHoe540H mM* wnu a. bawls "09SBT A.0ATT CH.Bi.tS a. JACOBS . pimnw#r*KOS*>G L BAlLAAO>Jt, h caaton ae*o l. smmA/jb. THOMAS 0. 0. CSCAT rn.uC'S m,10 HQUUAH m. a HOWH VOSCAX rUMAOAM.JB. MwcStuMcBa*TufHlt.aAitLtAe*TneT*.J*S. o*fjr, Ol(V*B t*iPWU BkOBt* OUHCAM ft. WICK vqhh o.*(. PCTtA M. UATTOQM MOCK VCSTO* JOHN M. HOlfOKJK rrSON W, C9UOMUH MOOrt A. A. SABOCmT WnoUaHcAtrNt *y,m<gv*o" . BAVfO V. ftABOAbt. OC9B41 0. PONO 4 ut*4. B/MOMJOHN M. OCMOSAX obacux *.uow*no. J*. OAHMtn A,CVAMB s bavw a.ao,J"> LYNN UftCTAOUIB, 0*1*0 ,A0CU , Law Ofrict* Ballard, Spamr, Andrews & Ingersoul LAND TITLE SUILOINQ PHILADELPHIA, PA. *UO LOcust CABLE AOONtSK BAUABO..MILA. ore t** IMM USSCLL CONWXU cooncv cao*l April 23, 1964 Mr. William A. Schreyer Treasurer ` Baldvin-Shret-Bill, Inc. 500 Sreunig Avenue s Trentoni K. J. 08602 .Dear Mr. Schreyers We understand from your letter of April 17, 1964 and prior telephone conversations that on February ,.8 ,^1964, the date on which you acquired the assets of the thermal insulation con-' tract division of Mundet Cork Corporation, there was in effect between Kundet ami Fibrboard Paper Products Corporation a license and royalty agreement under whidi Fibrobcard granted Mundet a license to make and sell heat insulating materials embodying or ' made by the us of one or more inventions specified in the agree ment. Under the agreement Knndot was bound to jay Flbreboard a royalty on all magnesia and calcium silicate heat insulating materials "manufactured and sold or used1' by Mundet under the * > license. We understand that this license and royalty agreement was applicable to certain of the inventory purchased by you from ilundet Cork Corporation and you have therefore asked our opinion as to whether or not you are llSSle Tor *the royaTty *wtth Tesjsct to the sale of that portion of the inventory. Xn considering this problem w have reviewed your November 28, 1261 agreement and license with Fibrebcard which ve understand la similar to the agreement between Fibreboard and Ifundefi. W have also reviewed the January 30, 1964 letter agree ment covering your acquisition of the assets of Kundet1 s. thermal insulation contract division and the various documents which were., f-t delivered on February 28,1964 pursuant thereto. It is our opinion that you assumed only such liabilities of Mundet Cork Corporation as were specified in these documents and no royalty liability of __ any nature ** so tpeei&td* In addition, based on our tion in the negotiations and our review of the documents L!*wep are. ? f '! c-j e^:; DECi rtc 240$' hi WV-05895 . ,c Mr. trillion A. Schreyer -2- Aprtl 23, 1964 satisfied that this omission was not an overnight because the documents do require Mondet to grant you a license to use its trademark? and trade aasses for the manufacture, distribution and installation of thermal insulation and if you vsre to be responsible for the royalty payments under the Hbrboard license the matter would certainly have coco up for discussion at the same tias as these other license provisions ware negotiated. V& con clude that the royalty remains the sole liability of Mundet, 70? your convenience, 1 am enclosing an extra copy of this letter. Very truly yours. FBsgtf Enclosure Francis`Ballard MC 422405 fl 0 *3 0 "?