IN THE SUPREME COURT OF THE STATE OF MARSHALL

Mona Seidman, d/b/a Magphone Ventures,

        Plaintiff-Appellant,

                v.

SAIC Network Solutions, Inc.,

        Defendant-Appellee.

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No. 96-315

ORDER GRANTING LEAVE TO APPEAL

The Supreme Court of the State of Marshall hereby grants Plaintiff Mona Seidman d/b/a Magphone Ventures leave to appeal the decision of the Court of Appeals affirming the Addison County Circuit Court's award of summary judgment in favor of Defendant SAIC Network Solutions, Inc. The parties shall address the following issues in this appeal:

      (1) Whether summary judgment on the breach of contract claim was appropriate, either because the contract itself did not give Plaintiff any enforceable rights, or because Defendant's conduct was justified based upon Plaintiff's prior breach; and

      (2) Whether summary judgment on the due process claim was appropriate because no governmental action was involved.

      Pursuant to the Parties' stipulation, the opinion of the Court of Appeals, including the Appendices thereto, shall serve as the Record on Appeal to this Court.

Dated: July 15, 1996
 
______________________________
Howard D. Ryan, Chief Justice

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