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DIBERT, BANCROFT & ROSS CO., LTD. v. WESTINGHOUSE AIR BRAKE CO.

No. 6998.

323 So.2d 482 (1975)

DIBERT, BANCROFT & ROSS COMPANY, LTD. v. WESTINGHOUSE AIR BRAKE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Limited Rehearing November 11, 1975.

Rehearing Expanded November 18, 1975.

Amended and Rendered December 18, 1975.

Writ Refused February 6, 1976.

Attorney(s) appearing for the Case

Pittman & Matheny, Iddo Pittman, Jr., Hammond, for plaintiff-appellee.

Nicaud, Justrabo & Rousset, Rene R. Nicaud, Hugh H. Brister, New Orleans, for defendant-appellant.

Before SAMUEL, GULOTTA and BEER, JJ.

BEER, Judge.

Appellant, Westinghouse Air Brake Company (hereafter, Westinghouse), was the manufacturer of a very large "off highway" vehicle to be used for heavy load carrying. In conjunction with this endeavor Appellee, Dibert, Bancroft & Ross Company, Ltd. (hereafter, Dibert), contracted with Westinghouse to provide certain metal castings which were to conform to a pattern provided by Westinghouse. A total of four...

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