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CRAY COMMUNICATIONS, INC. v. NOVATEL CMPTR. SYSTEMS, INC.

No. 93-2413.

33 F.3d 390 (1994)

CRAY COMMUNICATIONS, INC., formerly known as Dowty Communications, Incorporated, Plaintiff-Appellee, v. NOVATEL COMPUTER SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1994.

Attorney(s) appearing for the Case

ARGUED: William Norman Rogers, Rockville, MD, for appellant. Eric Alan Deutsch, Testa, Hurwitz & Thibeault, Boston, MA, for appellee. ON BRIEF: Thomas M. Goss, Goodell, Devries, Leech & Gray, Baltimore, MD, for appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and ERWIN, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Senior District Judge ERWIN joined.

OPINION

MURNAGHAN, Circuit Judge:

Appellee, Dowty Communications, Inc. ("Dowty"), now known as Cray Communications, Inc., brought a diversity action, sounding in contract, against appellant Novatel Computer Systems, Inc. ("Novatel"). Novatel counterclaimed, alleging fraud and breach of contract. Dowty moved for partial...

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