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EPL, INC. v. USA FEDERAL CREDIT UNION

No. 97-8427.

173 F.3d 1356 (1999)

EPL, INC., an Alabama Corporation, Plaintiff-Counter-Defendant-Appellee, v. USA FEDERAL CREDIT UNION, a federally chartered credit union, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 1999.

Attorney(s) appearing for the Case

Harold S. White, Jr., William D. Matthews, Atlanta, GA, David A. Brewer, Moore, Brewer & Burbott, LaJolla, CA, for Defendant-Counter-Claimant-Appellant.

George E. Bullwinkel, Bullwinkel Partners, Ltd., Chicago, IL, C. Stephen Trimmier, Trimmier Law Firm, Birmingham, AL, Rachel Anderson Snider, Susan L. Howick, Macey, Wilensky, Cohen, Wittner & Kessler, Atlanta, GA, for EPL, Inc.

Before HATCHETT, Chief Judge, BIRCH, Circuit Judge, and KEITH, Senior Circuit Judge.

PER CURIAM:

Appellant USA Federal Credit Union (USA) appeals the district court's grant of summary judgment in favor of EPL, Inc. (EPL) on USA's counterclaim that sought damages and injunctive relief for EPL's alleged breach of a software license agreement. Because we find that genuine issues of material fact exist regarding (1) whether EPL's development of a translated form of its "VISION" software to operate on an Unisys...

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