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INTERN. BUSINESS MACHINES v. JENNIFER-ASHLEY CO.

No. 94 Civ. 4850 (VLB).

872 F.Supp. 1256 (1995)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Counterclaim Defendant, v. JENNIFER-ASHLEY COMPANY, INC., Defendant-Counterclaim Plaintiff.

United States District Court, S.D. New York.

January 12, 1995.

Attorney(s) appearing for the Case

Paul C. Saunders, Cravath, Swaine & Moore, New York City, for plaintiff.

Edward J.M. Little, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, New York City, for defendant.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case arises from a dispute concerning three contracts entered into between the plaintiff, International Business Machines ("IBM"), and defendant, Jennifer-Ashley Company ("JACO"), under which defendant was to distribute surplus parts and materials generated and provided by IBM.

IBM terminated the contracts and brought this action for breach of contract seeking unpaid revenues...

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