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DELTA AIR LINES, INC. v. McDONNELL DOUGLAS CORPORATION

No. 73-1799.

503 F.2d 239 (1974)

DELTA AIR LINES, INC., Plaintiff-Appellant-Cross-Appellee, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 17, 1974.

Attorney(s) appearing for the Case

Frank F. Rox, Robert S. Harkey, Legal Div., Delta Air Lines, Inc., Hartsfield Atlanta, Atlanta, Ga., for plaintiff-appellant-cross-appellee.

J. Arthur Mozley, Atlanta, Ga., for defendant-appellee-cross-appellant.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.

RONEY, Circuit Judge:

An aircraft purchased by Delta Air Lines, Inc. from McDonnell Douglas Corporation, the manufacturer, suffered damages when its nose gear collapsed during a landing in Jacksonville, Florida, because a component part was incorrectly installed. There were no personal injuries. Delta seeks to recover from McDonnell the expenses incurred in repair on four theories of liability: (1) negligence; (2) breach of implied warranties of merchantability and...

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