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SMS SYSTEMS MAINTENANCE SERVICES v. DIGITAL EQUIP.

No. 99-1009.

188 F.3d 11 (1999)

SMS SYSTEMS MAINTENANCE SERVICES, INC., Plaintiff, Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 19, 1999.

Rehearing Denied September 13, 1999.

Attorney(s) appearing for the Case

Ronald S. Katz, with whom Anne Fiero, Coudert Brothers, Ronald F. Kehoe, and Warner & Stackpole LLP were on brief, for appellant.

J. Anthony Downs, with whom Shepard M. Remis, P.C., Anthony S. Fiotto, and Goodwin, Procter & Hoar LLP were on brief, for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

In a complaint filed in the United States District Court for the District of Massachusetts, SMS Systems Maintenance Services, Inc. (SMS) accused Digital Equipment Corporation (DEC) of violating Section 2 of the Sherman Act, 15 U.S.C. § 2, by integrating three-year warranties with sales of computer systems. SMS, an equipment servicer, asserted that deploying warranties in this manner unfairly constrained consumers' ability to choose their...

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