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LUCENTE v. INTERNATIONAL BUSINESS MACHINES CORP.

Docket Nos. 01-7857, 01-7993.

310 F.3d 243 (2002)

Edward E. LUCENTE, Plaintiff-Appellee-Cross-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 4, 2002.

Attorney(s) appearing for the Case

Peter T. Barbur, Cravath, Swaine & Moore, New York, N.Y. (Donald J. Rosenberg, Theresa K. Mohan, International Business Machines Corporation, White Plains, NY, of counsel), for Defendant-Appellant-Cross-Appellee.

Douglas L. McCoy, Hand Arendall, L.L.C., Mobile, AL (David R. Quittmeyer, on the brief), for Plaintiff-Appellee-Cross-Appellant.

Before: KEARSE and McLAUGHLIN, Circuit Judges, and DANIELS, District Judge.

McLAUGHLIN, Circuit Judge.

IBM appeals from a decision of the United States District Court for the Southern District of New York (McMahon, J.) granting summary judgment to Edward E. Lucente on his breach of contract claim and dismissing IBM's breach of contract counterclaim. IBM contends that the district court's action was improper principally because there are disputed issues of fact regarding Lucente's departure from IBM. IBM also challenges the district...

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