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COURT RULES ON MOTION TO DISMISS IN IBM VS. COMDISCO

 COURT RULES ON MOTION TO DISMISS IN IBM VS. COMDISCO
 ROSEMONT, Ill., Dec. 6 /PRNewswire/ -- On Dec. 4, 1991, the Superior


Court of Delaware issued an opinion on Comdisco, Inc.'s (NYSE: CDO) motion to dismiss the complaint in IBM vs. Comdisco. The court dismissed IBM Credit from the counts which alleged conversion and trespass to chattels. The court also dismissed in its entirety the count which alleged that IBM Credit and Greenwich Liberty 1985 Limited Partnership (GLLP), a tax shelter partnership, were third party beneficiaries of a Comdisco sublease agreement named in the complaint.
 Finally, the court dismissed both IBM and IBM Credit as plaintiffs under the count which alleges unjust enrichment, leaving GLLP as the only remaining plaintiff under this count. The court denied the remainder of Comdisco's motion to dismiss.
 Commenting today on the court's decision, Kenneth N. Pontikes, Comdisco's chairman of the board and president, stated, "We are pleased that the court has further narrowed the scope of the complaint. It has been our opinion from the outset that the issues raised in the complaint could be resolved without resort to litigation. Although we would prefer a business solution to these matters, Comdisco will continue to vigorously defend our position in court."
 The court's review and interpretation of IBM's lease contract was preliminary. This ruling on a motion to dismiss required the court to assume that the allegations of the complaint were correctly stated. It is not based on any evidence nor does it constitute a ruling on the merits of the complaint. The preliminary nature of the ruling means that it is subject to revision in light of the evidence. Pretrial discovery is continuing. No trial date has been set.
 -0- 12/6/91
 /CONTACT: James J. Hyland of Comdisco, 708-698-3000/
 (CDO) CO: Comdisco, Inc.; IBM Credit ST: Illinois IN: SU:


GK-OS -- NY005 -- 9992 12/06/91 09:30 EST
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Publication:PR Newswire
Date:Dec 6, 1991
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