arbitron inc v tralyn broadcasting inc
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08-3921-cv
Arbitron, Inc. V. Tralyn Broadcasting, Inc.
UNITED STATES COURT OF APPEALS
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- Arbitron, Inc., Plaintiff-Appellant, v. Tralyn Broadcasting, Inc., Defendant, Jmd, Inc., Doing Business as Wlnf-Fm, Doing Business as Wroa-Am, Doing Business as Wzkx-Fm, Doing Business as Wgcm-Am-Fm, Defendant-Appellee., 400 F.3d 130 (2nd Cir. 2005)
Alfred R. Fabricant, Ostrolenk, Faber, Gerb & Soffen, LLP, New York, NY, for Plaintiff-Appellant.
Lawrence J. Bernard, Jr., Washington, D.C., for Def...
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Finding an escalation clause in a contract was not vague even though it did not contain a specific price term, the U.S. Court of Appeals for the Second Circuit remanded the case to the district court.
In Arbitron, Inc. v. Tralyn Broadcasting, Inc., and JMD, Inc., the Second Circuit determined the escalation clause was clear and unambiguous since it explicitly stated the plaintiff had the authority to adjust the price of the monthly license fee under certain circumstances.