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FIRST NAT. OF OMAHA v. THREE DIMENSION SYSTEMS

Nos. 01-1421, 01-1636, 01-1638.

289 F.3d 542 (2002)

FIRST NATIONAL BANK OF OMAHA, Appellant/Cross-Appellee, v. THREE DIMENSION SYSTEMS PRODUCTS, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 13, 2002.

Attorney(s) appearing for the Case

Norman M. Krivosha, argued, Lincoln, NE (Bartholomew L. McLeay, Suzanne M. Shehan, Richard P. Jeffries, Omaha, NE, on the brief), for appellant/cross-appellee.

John R. Douglas, argued, Omaha, NE (David A. Blagg, Omaha, NE, Robert J. Pohlman, Barry R. Sanders, Phoenix, AZ, on the brief), for appellee/cross-appellee.

BEFORE: MORRIS S. ARNOLD and BRIGHT, Circuit Judges, and KYLE, District Judge.

KYLE, Circuit Judge.

In 1996 and 1997, the First National Bank of Omaha (the Bank) and Three Dimension Systems Products, Inc. (3D) entered into a series of written agreements by which 3D was to develop, customize, and deliver to the Bank three software computer programs intended for the use of the Bank's affiliates, subsidiaries and clients. Two of the programs, known as PPS and Teller, were successfully installed by 3D at the Bank and are not the subject of the litigation...

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