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TELEX CORP. v. INTERNATIONAL BUSINESS MACH. CORP.

Nos. 73-1874 to 73-1878, 73-1961 and 73-1962.

510 F.2d 894 (1975)

The TELEX CORPORATION, and Telex Computer Products, Inc., Plaintiffs-Appellees-Appellants (and Appellants on Counterclaim), v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant-Appellee (and Cross-Appellant on Counterclaim).

United States Court of Appeals, Tenth Circuit.

Opinion January 28, 1975.

Rehearing Denied March 27, 1975.

Attorney(s) appearing for the Case

Thomas D. Barr, New York City, and Nicholas DeB. Katzenbach, Armonk, N. Y. (Frederick A. O. Schwarz, Jr., Robert F. Mullen, and George Vradenburg III, New York City, Truman B. Rucker, Rucker, Tabor, McBride & Hopkins, Tulsa, Okl., Robert H. Harry, Davis, Graham & Stubbs, Denver, Colo., and Cravath, Swaine & Moore, New York City, of counsel, with them on the brief), for defendant-appellant, International Business Machines Corp.

Floyd L. Walker, Walker, Jackman & Associates, Inc., Tulsa, Okl., and Richard B. McDermott, Boesche, McDermott & Eskridge, Tulsa, Okl. (Serge Novovich, Tulsa, Okl., with them on the brief), for plaintiffs-appellees, The Telex Corp., and Telex Computer Products, Inc.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

ORDER

PER CURIAM.

The judgment of the trial court in favor of Telex Corporation and Telex Computer Products, Inc. and against IBM must be and the same is hereby reversed for reasons fully set forth in the court's opinion which will follow. In brief summary, the court does hereby:

Reverse that part of the judgment of the trial court which entered money judgment against IBM. This reversal is based on this court's determination that the trial court...

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