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KEVIN M. EHRINGER ENTERPRISES v. McDATA SERVICES

No. 10-10197.

646 F.3d 321 (2011)

KEVIN M. EHRINGER ENTERPRISES, INC., doing business as Data Center Systems, Plaintiff-Appellee, v. McDATA SERVICES CORP., formerly known as Computer Network Technology Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 11, 2011.

Attorney(s) appearing for the Case

Karen S. Precella , Stephen Matthew Pezanosky , Haynes & Boone, L.L.P., Fort Worth, TX, Benjamin Lee Mesches (argued), Haynes & Boone, L.L.P., Dallas, TX, for Plaintiff-Appellee.

Roger Dale Townsend (argued), Alexander, Dubose & Townsend, L.L.P., Houston, TX, Dana Livingston , Alexander, Dubose & Townsend, L.L.P., Harvey F. Cohen , Austin, TX, Michael P. Dulin , Hensley Kim & Holzer, L.L.C., Denver, CO, Terrell W. Oxford , Susman Godfrey, L.L.P., Dallas, TX, for Defendant-Appellant.

Before JOLLY and HAYNES, Circuit Judges, and RODRIGUEZ, District Judge.

HAYNES, Circuit Judge:

McData Services Corporation, formerly known as Computer Network Technology Corporation ("McData"), appeals the district court's judgment on a jury verdict in favor of Kevin M. Ehringer Enterprises, Inc., doing business as Data Center Systems ("Ehringer"), in Ehringer's suit for breach of contract and fraudulent inducement. McData argues that the district court erred in denying its motion for judgment as a matter of law because: (a) partial performance...

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