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ADP-FINANCIAL COMPUTER SERVICES v. FIRST NAT. BANK

No. 82-8120.

703 F.2d 1261 (1983)

ADP-FINANCIAL COMPUTER SERVICES, INC., Plaintiff-Appellee, v. The FIRST NATIONAL BANK OF COBB COUNTY, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 3, 1983.

Attorney(s) appearing for the Case

Trotter, Bondurant, Miller & Hishon, H. Lamar Mixson, Emmet J. Bondurant, James C. Morton, Atlanta, Ga., for defendants-appellants.

Rogers & Hardin, Hunter R. Hughes, C.B. Rogers and Richard H. Sinkfield, Atlanta, Ga., for plaintiff-appellee.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied June 3, 1983.

FAY, Circuit Judge:

This is an appeal from a jury verdict in favor of the plaintiff, ADP-Financial Computer Services, Inc., (ADP), in a breach of contract action against the First National Bank of Cobb County for failure to pay agreed-to minimum monthly charges for on-line computer services provided by ADP for a 23 month period. We reject the Bank's argument that these charges constitute an impermissible...

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