United States Eighth Circuit
FIRST NAT'L BANK OF OMAHA v. THREE DIMENSION SYS. PROD., INC., 01-1421, 01-1636, 01-1638
Evidence, that a software company 1) refused to provide required support for a computer program and 2) demanded additional payment as a condition of continued performance, was sufficient to support jury's finding that such conduct constituted an anticipatory breach of contract under Arizona law.
Appellate Information
- Decided 05/13/2002
- Published 05/13/2002
Judges
- KYLE, Circuit Judge., BEFORE: MORRIS S. ARNOLD and BRIGHT, Circuit Judges, and KYLE, District Judge.
Court
- United States Eighth Circuit
Counsel
- For Appellees:
- Norman M. Krivosha, argued, Lincoln, NE (Bartholomew L. McLeay, Suzanne M. Shehan, Richard P. Jeffries, Omaha, NE, on the brief), for appellant/cross-appellee., John R. Douglas, argued, Omaha, NE (David A. Blagg, Omaha, NE, Robert J. Pohlman, Barry R. Sanders, Phoenix, AZ, on the brief), for appellee/cross-appellee.