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RATIONAL SOFTWARE CORP. v. STERLING CORP.

No. CIV.A. 02-10002-JLT.

311 F.Supp.2d 203 (2004)

RATIONAL SOFTWARE CORP., Plaintiff, v. STERLING CORP., Defendant.

United States District Court, D. Massachusetts.

March 31, 2004.

Attorney(s) appearing for the Case

Lawrence F. Boyle, Richard M. Dohoney, Morrison, Mahoney, & Miller LLP, Boston, MA, for Sterling Corporation, Defendant.

Jonathan Hurwitz, Miles A. Jellinek, Cozen & O'Connor, Philadelphia, PA, Patrick J. Loftus, III, Law Offices of Patrick Loftus, Boston, MA, for Rational Software Corporation, Plaintiff.

Michael E. Okolita, Donald E. Feener & Associates, Worcester, MA, for Sterling Corporation, Defendant.

MEMORANDUM

TAURO, District Judge.

Rational Software Corporation ("Plaintiff") brought this action against Sterling Corporation ("Defendant"), a commercial moving company, after employees of Defendant dropped a computer disk array1 that was owned by Plaintiff off of the back of one of Defendant's trucks. The disk array was irreparably damaged. The Parties agree that the damage was caused solely by the negligence of Defendant...

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