OPUS CORP. v. INTERN. BUSINESS MACHINES CORP.

No. 97-3432.

141 F.3d 1261 (1998)

OPUS CORPORATION, a Minnesota corporation, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1998.


Attorney(s) appearing for the Case

Samuel L. Hanson, Minneapolis, MN, argued (Charles B. Rogers and Janel E. LaBoda, on the brief), for appellant.

Craig D. Diviney, Minneapolis, MN, argued (Mark Ginder, Creighton R. Magid and Julie A. Rich, on the brief), for appellee.

Before BEAM and HEANEY, Circuit Judges, and KOPF, District Judge.


KOPF, District Judge.

Opus Corporation (Opus) appeals from the district court's2 decision to grant summary judgment in favor of International Business Machines Corporation (IBM). Opus presents two issues on appeal: (1) Did the district court err when it construed "all recourse obligations" to mean secondary obligations, and (2) Did the district court err in granting summary judgment on Opus's claim that IBM breached its fiduciary duty...

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