OPINION
KEETON, District Judge.
On July 31, 1992, the court allowed, in part, a motion for summary judgment filed by plaintiff Lotus Development Corporation ("Lotus") and denied the cross motion for summary judgment by defendant Borland International, Incorporated ("Borland"). After extended procedural maneuvering, the parties agreed to try remaining liability issues without a jury. An explanation of the proceedings leading up to the trial is essential to...
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