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C.E. SERVICES, INC. v. CONTROL DATA CORP.

No. 83-1632.

759 F.2d 1241 (1985)

C.E. SERVICES, INC., Plaintiff-Appellant, v. CONTROL DATA CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 1985.

Attorney(s) appearing for the Case

Shapiro, Edens & Cook, Paul J. VanOsselaer, Joseph Latting, Gregory C. Douglass, on the brief, Clark, Thomas, Winters & Newton, Austin, Tex., for plaintiff-appellant.

Kelley V. Rea, Minneapolis, Minn., Strasburger & Price, Ernest R. Higginbotham, Kevin B. Wiggins, Dallas, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GOLDBERG and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

IBM makes machines, and machines break down. Seizing on this windfall opportunity, others have joined IBM in the mission to keep our nation's computers running. These somewhat parasitic entities are called "third-party maintenance firms."

Defendant-appellee Control Data Corporation is in the business of providing maintenance services for IBM 360 and 370 systems in the Dallas-Tarrant County area of Texas. In the summer of 1978, three...

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