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PROSPERO ASSOCIATES v. BURROUGHS CORP.

No. 81-1913.

714 F.2d 1022 (1983)

PROSPERO ASSOCIATES, a Colorado general partnership, Plaintiff-Appellant, v. BURROUGHS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 12, 1983.

Attorney(s) appearing for the Case

Laurence J. Kaiser, New York City (Adam Walinsky, New York City, with him on briefs), of Kronish, Lieb, Shainswit, Weiner & Hellman, New York City (Donald K. Bain and Jeffrey A. Chase of Holme Roberts & Owen, Denver, Colo., with them on briefs), for plaintiff-appellant.

Robert S. Slosky, Denver, Colo. (Ira C. Rothgerber, Denver, Colo., with him on briefs), for defendant-appellee.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Plaintiff-appellant Prospero Associates (Prospero) appeals from the district court's grant of summary judgment in favor of defendant-appellee Burroughs Corporation (Burroughs).

In 1974 Prospero contracted with the Redactron Corporation (Redactron) (predecessor in interest to Burroughs) for the sale by Redactron to Prospero of text-editing typewriter systems. At the start of the second contract year, Redactron anticipatorily breached...

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