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FISCHER IMAGING CORP. v. GENERAL ELEC. CO.

No. 98-1225.

187 F.3d 1165 (1999)

FISCHER IMAGING CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.

Attorney(s) appearing for the Case

Richard P. Holme, Davis, Graham & Stubbs, LLP, Denver, Colorado, for Plaintiff-Counter-Defendant-Appellant.

Terry M. Grimm, (John P. Carreon and Rachel M. Janutis, Winston and Strawn, Chicago, Illinois and George B. Curtis, Gregory J. Kerwin, Patricia E. Foley, Gibson, Dunn & Crutcher, LLP, Denver, Colorado, with him on the briefs), Winston and Strawn, Chicago, Illinois, for Defendant-Counter-Claimaint-Appellee.

Before BALDOCK, HOLLOWAY, and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

This dispute arose from a purchase agreement between Plaintiff Fischer Imaging Corporation ("Fischer") and Defendant General Electric Company ("GE") for the manufacture and purchase of medical imaging devices called Tilt C units. Fischer brought this diversity action in federal district court, seeking a declaratory judgment to determine a reasonable price for the Tilt C units. See 28 U.S.C. §§ 1332(a), 2201. GE filed a counterclaim...

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