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FAIRCHILD HILLER v. McDONNELL DOUGLAS

28 N.Y.2d 325 (1971)

Fairchild Hiller Corporation, Appellant, v. McDonnell Douglas Corporation, Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

Milton Kunen and Leslie Trager for appellant.

Jeffrey A. Barist, John M. Johnston and A. Lee Lundy, Jr. for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and GIBSON concur; Judge BURKE taking no part.

JASEN, J.

The subject of this litigation is a dispute between plaintiff's predecessor in interest, Republic Aviation Corporation (Republic), and McDonnell Aircraft Corporation, a predecessor corporation of McDonnell Douglas Corporation (McDonnell).

In May, 1962, Republic entered into an agreement with McDonnell, whereunder it agreed to manufacture for McDonnell various aircraft assemblies for the Phantom...

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