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COMPUTER SYSTEMS OF AMERICA, INC. v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 85-1445.

795 F.2d 1086 (1986)

COMPUTER SYSTEMS OF AMERICA, INC., Plaintiff, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORP., and St. Regis Paper Co., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 25, 1986.

Attorney(s) appearing for the Case

Henry F. Field with whom Douglas G. Moxham, Friedman & Koven and Hale and Dorr were on brief, for plaintiff, appellant.

Grant S. Lewis with whom Molly S. Boast, LeBoeuf, Lamb, Leiby & MacRae, Paul K. Connolly and John J. Blanchard were on brief, for defendants, appellees.

Before BREYER and TORRUELLA, Circuit Judges, and HILL, District Judge.

IRVING HILL, Senior District Judge:

In the spring of 1979, Defendant St. Regis Paper Company ("St. Regis") urgently needed an IBM 3033 computer. That model was in great demand and in very short supply. IBM's factory had many backorders and was allocating future production by a lottery which established an estimated delivery date for each order. St. Regis preferred to buy a Model 3033 directly from IBM. It had placed an order, and IBM had assigned an expected delivery...

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