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ALLEN-MYLAND, INC. v. INTERN. BUSINESS MACH. CORP.

No. 93-1586.

33 F.3d 194 (1994)

ALLEN-MYLAND, INC., Appellant v. INTERNATIONAL BUSINESS MACHINES CORPORATION.

United States Court of Appeals, Third Circuit.

Decided August 12, 1994.

Attorney(s) appearing for the Case

Robert G. Levy (argued), Willard K. Tom, Joel E. Hoffman, James H. Clinger, Sutherland, Asbill & Brennan, Washington, DC, Carl A. Solano, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for appellant.

Robert N. Feltoon, Conrad, O'Brien, Gellman & Rohn, Philadelphia, PA, Evan R. Chesler (argued), Peter T. Barbur, Cravath, Swaine & Moore, Howard Weber, Davis, Scott, Weber & Edwards, P.C., New York City, for appellee.

Alan J. Weinschel, Robert P. Stefanski, Lucia Mandarino, Weil, Gotshal & Manges, New York City, for amici-appellants1.

Before: MANSMANN and NYGAARD, Circuit Judges and SEITZ, Senior Circuit Judge.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Allen-Myland, Inc. ("AMI") appeals from the district court's judgment in favor of IBM in this intricate antitrust tying case. We conclude that the district court erred and will vacate its judgment and remand the cause for further proceedings.2

I. FACTS AND PROCEDURE

A. Mainframes and Upgrades

The facts underlying this nine-year-old dispute...

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