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INFOCOMP, INC. v. ELECTRA PRODUCTS, INC.

No. 96-3039.

109 F.3d 902 (1997)

INFOCOMP, INC., Appellant v. ELECTRA PRODUCTS, INC.; Electra Font Technologies, Inc.; Chelgraph Products Limited; Chelgraph Limited; Edward (Ted) Barton; David Lee King; Kevin P. Mahony; Derek J. Kyte; Robert B. Smith.

United States Court of Appeals, Third Circuit.

Filed December 24, 1996.

Vacated March 14, 1997.

Petition for Rehearing Granted Submitted March 14, 1997.

Decided March 28, 1997.

Attorney(s) appearing for the Case

Ronald L. Hicks, Jr., Frederick J. Francis, and Joseph E. Linehan, Meyer, Unkovic & Scott, Pittsburgh, PA, for Appellant.

G. Daniel Carney, Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellees.

Before: SCIRICA and COWEN, Circuit Judges and POLLAK, District Judge

Petition for Panel Rehearing Granted Submitted March 14, 1997.

OPINION ON PANEL REHEARING

COWEN, Circuit Judge.

This appeal requires us to determine whether a limitation of damages provision, contained in a proposed, but never accepted, written agreement between a purchaser and a distributor, will preclude the purchaser from seeking damages against the manufacturer of a product sold to the purchaser by the distributor. We conclude that because the...

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