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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : COMPUSPA, INC. : v. INTERNATIONAL BUSINESS MACHINES CORPORATION : Civil Action No. DKC 2002-0507 : : MEMORANDUM OPINION Presently pending and ready for resolution in this breach of contract, breach of implied covenants of good faith and fair dealing, and tortious interference with contractual relations case is the motion of Defendant International Business Machines

Corporation to dismiss all counts against it pursuant to Fed. R. Civ. P. 12(b)(6). The issues have been fully briefed and no Local Rule 105.6. For reasons that

hearing is deemed necessary.

follow, Defendant's Motion to Dismiss will be granted in part and denied in part. I. Background The following facts are alleged by Plaintiff CompuSpa, Inc. in its complaint. Plaintiff is a computer consulting and hardware

maintenance corporation which provides computer systems engineers to other business entities. and Defendant entered into On or about March 31, 2000, Plaintiff an indefinite delivery/indefinite

quantity agreement ("the Contract"), which was revised on April 10, 2000 and modified on May 3, 2000. Under the Contract, Plaintiff

agreed to provide Defendant with computer systems administrators,

network administrators and software engineers in support of a contract Defendant held with the Internal Revenue Service ("the IRS/Presidio Project"). The Contract required Defendant to issue

Release Orders to engage Plaintiff for the provision of services. On the same day the parties entered into the Contract,

Defendant engaged Plaintiff to provide technical services for the IRS/Presidio Project by issuing Release Order #1 ("RO #1") pursuant to the Contract. In accordance with RO #1, two of Plaintiff's

employees began service at IRS facilities

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Maryland Law