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APOLLO GROUP, INC. v. AVNET, INC.

No. 93-16131.

58 F.3d 477 (1995)

APOLLO GROUP, INC., an Arizona corporation, Plaintiff-Appellant, v. AVNET, INC., a New York corporation dba Hamilton/Avnet Computers, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1995.

Attorney(s) appearing for the Case

E. Jeffrey Walsh, Snell & Wilmer, Phoenix, AZ, for plaintiff-appellant.

Thomas G. Ryan, Lewis and Roca, Phoenix, AZ, for defendant-appellee.

Before: SNEED and O'SCANNLAIN, Circuit Judges; MERHIGE, District Judge.

O'SCANNLAIN, Circuit Judge:

"We are told that Contract, like God, is dead."1 In this computer age case, we learn that Contract, at least, is very much alive and well in the Ninth Circuit.

I

Apollo Group, Inc. ("Apollo") purchased software from Oracle Corporation ("Oracle"), a software vendor. Apollo's purchase included both a database system and Oracle Financials, an accounting software package. Apollo then sought to...

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