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ORTHOPEDIC & SPORTS INJURY CLINIC v. WANG LABORATORIES, INC.

Nos. 90-4278, 90-4341.

922 F.2d 220 (1991)

ORTHOPEDIC & SPORTS INJURY CLINIC, et al., Plaintiffs-Appellants, v. WANG LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 1991.

Attorney(s) appearing for the Case

Edward K. Alexander, Jr. and Robert W. Fenet, Woodley, Williams, Fenet, Palmer & Norman, Lake Charles, La., for plaintiffs-appellants.

James K. Irvin, Lynn Farley Ives and Randall K. Labauve, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., for defendant-appellee.

Before RUBIN, SMITH, and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Orthopedic & Sports Injury Clinic (the Clinic) bought a computer from Wang Laboratories, Inc. (Wang), and contracted with Wang to maintain and perform repairs on it. While attempting to fix the computer, Wang's employees requested and used the Clinic's last back-up disk and, in the course of their attempted repairs, lost five years of medical and accounting data stored on the disk.

The Clinic, its member physicians, and their...

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