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MODERN COMPUTER SYSTEMS, INC. v. MODERN BANKING SYSTEMS, INC.

No. 88-1393.

871 F.2d 734 (1989)

MODERN COMPUTER SYSTEMS, INC., Appellant, v. MODERN BANKING SYSTEMS, INC.; Modern Banking Systems of Southern Wisconsin, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

Charles B. Rogers, Minneapolis, Minn., for appellant.

James P. Fitzgerald, Omaha, Neb., for appellees.

Before LAY, Chief Judge, HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges, en banc.

MAGILL, Circuit Judge.

Modern Computer Systems, Inc. (MC) appeals from the district court's1 denial of its motion for a preliminary injunction pending a ruling on the merits of its claims against Modern Banking Systems, Inc. (MB). The gravamen of MC's case is that MB may not lawfully terminate MC as its computer software distributor or market software in MC's exclusive sales territory. MC alleges, inter alia, that violations of...

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