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IBM CORP. v. COMDISCO, INC.

Civ. A. No. 11922.

602 A.2d 74 (1991)

INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation and IBM Credit Corporation, a Delaware corporation, Plaintiffs, v. COMDISCO, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided July 2, 1991.

Attorney(s) appearing for the Case

R. Franklin Balotti, and Anne C. Foster, of Richards, Layton & Finger, Wilmington, Paul C. Saunders, and Evan R. Chesler, of Cravath, Swaine & Moore, and Howard Weber, and Morris Waisbrot, of Davis, Markel & Edwards, New York City, for plaintiffs.

A. Gilchrist Sparks, III, and Donald F. Parsons, Jr., of Morris, Nichols, Arsht & Tunnell, Wilmington, and Philip W. Tone, Jerold S. Solovy, and Donald R. Harris, of Jenner & Block, Chicago, Ill., for defendant.

OPINION

CHANDLER, Vice Chancellor.

This suit is based on a dispute over rights in computer equipment. The parties are as follows. International Business Machines Corporation ("IBM") is a well-known manufacturer of, among other things, computer equipment. Plaintiff IBM Credit Corporation ("Credit") is in the business of buying IBM equipment, including computer equipment, and selling or leasing that equipment. Defendant Comdisco, Inc. ("Comdisco") also buys...

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