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LEVEL 3 COMMUNICATIONS, LLC v. LIEBERT CORP.

No. 06-1247.

535 F.3d 1146 (2008)

LEVEL 3 COMMUNICATIONS, LLC, Plaintiff-Appellee, v. LIEBERT CORPORATION, and Stillwell-Hansen, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 30, 2008.

Attorney(s) appearing for the Case

Andrew M. Low (Dale R. Harris, Rudy E. Verner, and Elizabeth H. Titus with him on the briefs) Davis Graham & Stubbs LLP, Denver, CO for Appellants.

Richard P. Barkley (James S. Hardy with him on the brief) Brownstein Hyatt Farber Schreck, P.C., Denver, CO for Appellee.

Before HARTZ, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Level 3 Communications, LLC and Liebert Corporation entered into a contract in 2000 to purchase several uninterruptible power supply (UPS) systems for Level 3's New York City data center. The UPS systems contain batteries to provide power during outages. When the batteries for the New York order were delayed by the batteries' manufacturer (not Liebert), Level 3 pressured Liebert to come up with an alternative solution. In response, Liebert...

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