Legal Opinion
Level 3 Communications, LLC v. Liebert Corp.
Court of Appeals for the Tenth Circuit
Decided July 30, 2008No. 06-1247PublishedCited by 70 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
Level 3 Communications, LLC and Lie-bert Corporation entered into a contract in 2000 to purchase several uninterruptible power supply (UPS) systems for Level 3’s New York City data center. The UPS systems contain batteries to provide power during outages. When the batteries for the New York order were delayed by the batteries’ manufacturer (not Liebert), Level 3 pressured Liebert to come up with an alternative solution. In response, Liebert located another set of batteries and sold them to Level 3 as a supplement to the existing order.
Level 3 eventually discovered…
2Cases cited22 opinions
- Town of Alma v. AZCO Construction, Inc.Supreme Court of Colorado · 2000
- Pepcol Manufacturing Co. v. Denver Union Corp.Supreme Court of Colorado · 1984
- Wankier v. Crown Equipment Corp.Court of Appeals for the Tenth Circuit · 2003
- Milk 'N' More, Inc., a Corporation v. Jack D. BeavertCourt of Appeals for the Tenth Circuit · 1992
- BRW, Inc. v. Dufficy & Sons, Inc.Supreme Court of Colorado · 2004
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3Cited by70 opinions
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- Greystone Construction, Inc. v. National Fire & Marine InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Lederman v. Frontier Fire Protection, Inc.Court of Appeals for the Tenth Circuit · 2012
- Ysasi v. BrownDistrict Court, D. New Mexico · 2014
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