Submitted pursuant to Third Circuit Rule 34.1(b) October 1, 1999.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. FACTUAL AND PROCEDURAL HISTORY
Raymark Industries, Inc. ("Raymark") on this appeal seeks the reversal of an order of the district court denying it the return of a $1 million fee designated a "nonrefundable retainer" it paid to its former
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