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IBM v. COMDISCO, INC.

No. 91 C 6777.

834 F.Supp. 264 (1993)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff, v. COMDISCO, INC., Defendant.

United States District Court, N.D. Illinois, E.D.

September 15, 1993.

Attorney(s) appearing for the Case

Evan R. Chesler and Richard W. Clary, Cravath, Swaine & Moore, Howard Weber, Davis, Scott, Weber & Edwards, P.C., New York City, David L. Schiavone, Sonnenschein, Nath & Rosenthal, Chicago, IL, for plaintiff.

Jerold S. Solovy, Donald R. Harris, Barbara S. Steiner, Jenner & Block, Chicago, IL, for defendant.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Before the Court is Plaintiff's Motion to Strike the Defendant's First Affirmative Defense.

FACTS

In its Complaint, Plaintiff International Business Machines ("IBM") alleges that Defendant Comdisco, Inc. ("Comdisco") has made certain misrepresentations to its customers concerning modified IBM 3090 memory. According to IBM, Comdisco's misrepresentations include claims that modified...

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