57 F.3d 1070 (6th Cir. 1995), 94-3412, MBA Systems Automation, Inc. v. Digital Equipment Corp.

Docket Nº:94-3412.
Citation:57 F.3d 1070
Party Name:MBA SYSTEMS AUTOMATION, INC., Plaintiff-Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant-Appellee.
Case Date:June 02, 1995
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1070

57 F.3d 1070 (6th Cir. 1995)

MBA SYSTEMS AUTOMATION, INC., Plaintiff-Appellant,



No. 94-3412.

United States Court of Appeals, Sixth Circuit

June 2, 1995

         Editorial Note:

         This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

        On Appeal from the United States District Court for the Southern District of Ohio, No. 92-00602; Sandra S. Beckwith, J.

        S.D. Ohio


        Before: BOGGS and BATCHELDER, Circuit Judges; and QUIST, District Judge. 1

        PER CURIAM.

        Plaintiff-Appellant, MBA Systems Automation, Inc., (MBA) appeals a decision of the district court granting summary judgment in favor of defendant Digital Equipment Corporation (DEC). Plaintiff's amended complaint alleged tortious interference with contractual and business relationships and unfair competition. For the following reasons, we affirm the decision of the district court.


        Plaintiff MBA is a corporation that provides consulting services and sells computer hardware and software. Defendant DEC designs, manufactures and sells computer hardware and software. Plaintiff filed this action after it submitted a proposal to the Jess Howard Electric Company (JHE) to perform certain computer-related subcontracting work on a project for the City of Columbus Division of Water (DOW) and was not awarded the contract.

        In 1982, the DOW created a master plan for the distribution and automation of the City's water system. The plan was designed to use the same computer-related hardware and software throughout the system. DOW selected Valmet Automation (Valmet) to perform work on the automation project, and thus Valmet was required for subsequent projects. In 1988, DOW sought bids for the Hap Cremean Water Plant (Morse Road Water Plant). Section 17 of the project specifications required use of a "single firm for Division 17 work." It also required a "standard system, manufactured by Valmet-Sentrol Systems, Ltd."

        JHE was the successful bidder for the Morse Road Water Plant project. JHE's major supplier list, which it included with the bid, identified Valmet as the supplier of the computer hardware and software on the project. JHE's list did not include MBA as a supplier. After JHE received the bid, it began negotiating with Valmet for the Section...

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