INTERN. BUSINESS MACHINES v. CATAMORE ENTERPRISES

No. 76-1086.

548 F.2d 1065 (1976)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff, Appellant, v. CATAMORE ENTERPRISES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 30, 1976.


Attorney(s) appearing for the Case

Jack E. Brown, Phoenix, Ariz., with whom George E. Hilty, Paul V. Bonn, Lois W. Abraham, Neil S. Cumsky, Philip R. Higdon, Michael J. Malley, Phoenix, Ariz., Nicholas deB. Katzenbach, Armonk, N. Y., Palmer & Dodge, Boston, Mass., Edwards & Angell, Providence, R. I., Cravath, Swaine & Moore, New York City, and Brown & Bain, P. A., Phoenix, Ariz., were on brief, for plaintiff-appellant.

Thomas K. Christo and Albert P. Zabin, Boston, Mass., with whom Rosann C. Madan, Boston, Mass., was on brief, for defendant-appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and FREEDMAN, District Judge.


COFFIN, Chief Judge.

This case is a paradigm of complex litigation, rivalling the complexity of the cybernetics era from which it arises. It involves the unhappy relationships between a supplier of electronic data processing equipment and services, International Business Machines Corporation (IBM) and a customer, Catamore Enterprises, Inc. (Catamore),1 a manufacturer and distributor of jewelry...

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