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AQUALON CO. v. MAC EQUIPMENT, INC.

No. 97-1693.

149 F.3d 262 (1998)

AQUALON COMPANY, Plaintiff-Appellant, v. MAC EQUIPMENT, INCORPORATED, Defendant & Third Party Plaintiff-Appellee, and C.W. Nofsinger Company, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1998.

Attorney(s) appearing for the Case

ARGUED: Brewster Stone Rawls, Brewster S. Rawls & Associates, P.C., Richmond, Virginia, for Appellant. Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia, for Appellee. ON BRIEF: John B. Nicholson, Brewster S. Rawls & Associates, P.C., Richmond, Virginia, for Appellant. David H. Worrell, Jr., J. William Boland, M. Christine Klein, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, Virginia, for Appellee.

Before MURNAGHAN, Circuit Judge, KEELEY, District Judge for the Northern District of West Virginia, sitting by designation, and MOON, District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge KEELEY and Judge MOON joined.

OPINION

MURNAGHAN, Circuit Judge:

Aqualon Company, a chemical manufacturer, asked MAC Equipment, Incorporated, to produce rotary valves, also called airlocks, for use in a pneumatic conveying system. The system was designed by C.W. Nofsinger Company to move a chemical, blended carboxymethyl cellulose. Before MAC was awarded a contract to...

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