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DATA GENERAL v. COMMUNICATIONS DIVERSIFIED

No. 16015.

728 P.2d 469 (1986)

105 N.M. 59

DATA GENERAL CORPORATION, Plaintiff-Appellant, v. COMMUNICATIONS DIVERSIFIED, INC., Defendant-Appellee.

Supreme Court of New Mexico.

November 21, 1986.

Attorney(s) appearing for the Case

Louis J. Vener, Albuquerque, for plaintiff-appellant.

Richard L. Alvidrez, Keleher & McLeod. P.A., Albuquerque, for defendant-appellee.

OPINION

RIORDAN, Chief Justice.

Data General Corporation (Data General) brought this action for "bill backs" owed on a discount agreement with Communications Diversified, Inc. (Communications). Communications was awarded summary judgment by the trial court on the ground that the agreement was a contract for the sale of goods controlled by NMSA 1978, Section 55-2-725, and the statute of limitation had run before the complaint was filed. Data General appeals...

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