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NCR CORP. v. MR. PENGUIN TUXEDO RENTAL

No. 11-83-218-CV.

663 S.W.2d 107 (1983)

NCR CORPORATION, et al., Appellants, v. MR. PENGUIN TUXEDO RENTAL AND SALES, INC., Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Donald L. Anderson, Jr., E. Lee Haag, III, Whitten, Haag, Hacker, Hagin & Parker, Abilene, for appellants.

W.L. Burke, Jr., Burke & Weeks Law Office, Inc., Abilene, Richard L. Perez, Perez & McNabb, Orinda, Cal., for appellee.

DICKENSON, Justice.

Mr. Penguin Tuxedo Rental and Sales, Inc. sued NCR Corporation and its sales representative, Sanders Bailey, after a dispute developed over a computer system which had been purchased by plaintiff. Plaintiff alleged deceptive trade practices and fraudulent misrepresentations, seeking actual damages in excess of $100,000 and exemplary damages in excess of $2,030,000.

Defendants filed their "Motion for Stay of Action Pending Arbitration and...

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