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ARIZONA RETAIL SYSTEMS v. SOFTWARE LINK

No. CIV 91-1553 PHX RCB.

831 F.Supp. 759 (1993)

ARIZONA RETAIL SYSTEMS, INC., an Arizona corporation, Plaintiff, v. The SOFTWARE LINK, INC., a Georgia corporation, Defendant.

United States District Court, D. Arizona.

July 27, 1993.

Attorney(s) appearing for the Case

Ray K. Harris, John J. Balitis, Jr., Fennemore Craig, Phoenix, AZ, for plaintiff.

James H. Marburger, Gust Rosenfeld, Phoenix, AZ, for defendant.

AMENDED ORDER

BROOMFIELD, District Judge.

Plaintiff Arizona Retail Systems, Inc. (ARS) has brought claims against Defendant The Software Link, Inc. (TSL) arising out of certain purchases by ARS of software from TSL. ARS has moved for partial summary judgment on the issue of whether TSL effectively disclaimed implied warranties and alleged oral representations through provisions in a license agreement that accompanied each delivery of software. TSL responded...

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