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DATAMATIC v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 85-4527.

795 F.2d 458 (1986)

DATAMATIC, INC., Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.

Attorney(s) appearing for the Case

Lisa Brener Cusimano, Perret & Castle, Henry C. Perret, Jr., Lafayette, La., for plaintiff-appellant.

Robert E. Barkley, Jr., Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, New Orleans, La., for defendant-appellee.

Before GEE, RUBIN, and GARZA, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Invoking the Louisiana civil-law doctrine of redhibition, La.Civ.Code art. 2520, a purchaser of second-hand computer equipment sued the computer manufacturer to recover purely economic losses resulting from alleged defects in the equipment. The manufacturer defended on the ground that its sales contracts with the original purchasers of the computer equipment included warranty limitations restricting...

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