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UNITED STATES WELDING v. BURROUGHS CORP.

Civ. A. No. 81-K-745.

587 F.Supp. 49 (1984)

UNITED STATES WELDING, INC., Plaintiff, v. BURROUGHS CORPORATION, Defendant.

United States District Court, D. Colorado.

June 26, 1984.

Attorney(s) appearing for the Case

Leigh Lutz, Stephen Berkowitz, Lutz & Berkowitz, Denver, Colo., George Hamman, Hamman, Benn & Miller, Chicago, Ill., for plaintiff.

Bruce A. Featherstone, Kirkland & Ellis, Stephen Johnson, Rothgerber, Appel & Powers, Denver, Colo., for defendant.

MEMORANDUM AND ORDER

KANE, District Judge.

This case requires determination of whether Colorado recognizes a cause of action in tort for negligent misrepresentation when the transaction in issue is covered by warranty provisions of the Uniform Commercial Code and when the only damages asserted involve economic loss and not physical injury.

This lawsuit arises out of plaintiff's lease of a computer system and operating software from the defendant...

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