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AFFILIATED COMPUTER SERVICES, INC. v. WILMINGTON TRUST CO.

No. 08-10235.

565 F.3d 924 (2009)

AFFILIATED COMPUTER SERVICES, INC., Plaintiff-Appellee, v. WILMINGTON TRUST COMPANY, solely in its capacity as Indenture Trustee on behalf of all Holders of Affiliated Computer Services Incs's 5.20% Senior Notes Due 2015 and all Holders of Affiliated Computer Services, Inc.'s 4.70% Senior Notes Due 2010, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 2009.

Attorney(s) appearing for the Case

Charles W. Schwartz (argued), Wallis M. Hampton, Kelley M. Keller, Skadden, Arps, Slate, Meagher & Flom, Houston, TX, Michelle L. Davis, Skadden, Arps, Slate, Meagher & Flom, Midlothian, TX, for Plaintiff-Appellee.

Jeff I. Ross (argued), Anthony Ostlund & Baer, Minneapolis, MN, Thomas Hal Cook, Todd M. Tippett, Zelle Hofmann Voelbel & Mason, LLP, Dallas, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Affiliated Computer Services, Inc. ("ACS") brought a declaratory judgment action against The Bank of New York Trust Company ("Bank of New York"), later substituted by Wilmington Trust Company ("Wilmington Trust"), seeking a determination that ACS was not in breach of an indenture agreement ("Indenture") entered into between ACS and the Bank of New York. Wilmington Trust filed a counterclaim for a declaratory judgment that ACS breached...

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