Affiliated Computer Services, Inc. v. Wilmington Trust Co.

CARL E. STEWART, Circuit Judge:

Affiliated Computer Services, Inc. (“ACS”) brought a declaratory judgment action against The Bank of New York Trust Company (“Bank of New York”), later substituted by Wilmington Trust Company (“Wilmington Trust”), seeking a determination that ACS was not in breach of an indenture agreement (“Indenture”) entered into between ACS and the Bank of New York. Wilmington Trust filed a counterclaim for a declaratory judgment that ACS breached the Indenture by failing timely to file a Form 10-K with the Securities and Exchange Commission (“SEC”), that ACS breached its…