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A.T. KEARNEY v. INTERN. BUSINESS MACHINES CORP.

Nos. 94-35890, 94-36183.

73 F.3d 238 (1995)

A.T. KEARNEY, INC., a Delaware Corporation, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1995.

Attorney(s) appearing for the Case

R. Daniel Lindahl, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Oregon, for plaintiff-appellant.

Michael H. Simon, Perkins Coie, Portland, Oregon, for defendant-appellee.

Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

A.T. Kearney, Inc. ("Kearney"), a management consulting firm with expertise in systems technology, was retained by Fred Meyer ("FM") to develop a management information system ("MIS" or "the System") for FM stores. The MIS devised by Kearney employed International Business Machines Corporation ("IBM") mid-size computers. When new FM management decided the System was a failure, FM sued Kearney. The parties eventually settled. While the action...

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