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BUSINESS CREDIT LEASING v. CITY OF BIDDEFORD

No. 92-1257.

978 F.2d 767 (1992)

BUSINESS CREDIT LEASING, Plaintiff, v. CITY OF BIDDEFORD, Defendant, Third-Party Plaintiff. BIDDEFORD SCHOOL DEPARTMENT, Defendant, Third-Party Plaintiff, Appellee, v. INSTRUCTIONAL SYSTEMS, INC., Third-Party Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 2, 1992.

Attorney(s) appearing for the Case

Robert E. Rochford with whom Dunn, Pashman, Sponzilli, Swick & Finnerty, Hackensack, N.J., Elizabeth G. Stouder, and Richardson & Troubh, Portland, Me., were on brief, for appellant.

Jerrol A. Crouter with whom Drummond Woodsum Plimpton & MacMahon, Portland, Me., was on brief, for Biddeford School Dept.

Before TORRUELLA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

On April 17, 1989 Biddeford School Department (Biddeford1) contracted with Instructional Systems, Inc. (ISI), a New Jersey corporation, to purchase a computer-assisted learning system and services from ISI for approximately $580,000 over a six year period. The agreement provided,

Biddeford has the right to cancel this agreement after the first year of operation. If Biddeford opts to cancel...

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