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TRIANCO, LLC v. INTERNATIONAL BUSINESS MACHINES

Civil Action No. 06-3533.

466 F.Supp.2d 600 (2006)

TRIANCO, LLC, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORP., Defendant.

United States District Court, E.D. Pennsylvania.

December 21, 2006.

Attorney(s) appearing for the Case

Timothy C. Russell, Richard D. Gallucci, Jr., Spector Gadon & Rosen PC, Philadelphia, PA, for Plaintiff.

Robert N. Feltoon, Conrad O'Brien Gellman & Rohn PC, Philadelphia, PA, for Defendant.

OPINION

ANITA B. BRODY, District Judge.

The parties in this case dispute whether defendant IBM has a binding obligation to issue a subcontract at a price plaintiff Trianco proposed. Because IBM and Trianco's "Teaming Agreement" left price negotiations for the subcontract price to a future date, under New York law IBM is not bound to issue Trianco the subcontract.1 At most, Trianco and IBM could be ordered back to the bargaining...

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