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RMLS METALS, INC. v. IBM CORP.

No. 94 Civ. 3628 (DLC).

874 F.Supp. 74 (1995)

RMLS METALS, INC., Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

United States District Court, S.D. New York.

January 24, 1995.

Attorney(s) appearing for the Case

Thomas B. Kinzler, Kelley Drye & Warren, New York City, for plaintiff.

Paul C. Saunders, Cravath, Swaine & Moore, New York City and Donald J. Rosenberg, Intern. Business Machines Corp., White Plains, NY, for defendant.

MEMORANDUM OPINION

COTE, District Judge:

At an initial pretrial conference held on November 9, 1994, the parties indicated that the principal roadblock to successful settlement discussions was their disagreement regarding the plaintiff's ability to recover lost profits should there be a finding that there was a binding contract between the parties. At the conference it was agreed that the parties would submit memoranda of law addressing the issue...

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