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BERWIND CORP. v. LITTON INDUSTRIES, INC.

Nos. 75-1134, 75-1135.

532 F.2d 1 (1976)

BERWIND CORPORATION, a Pennsylvania Corporation, Plaintiff-Appellant, v. LITTON INDUSTRIES, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 26, 1976.

Rehearing and Rehearing Denied April 2, 1976.

Attorney(s) appearing for the Case

Robert A. Downing, Chicago, Ill., for Berwind.

Leo K. Wykell, Chicago, Ill., for Litton Industries.

Before CASTLE, Senior Circuit Judge, SPRECHER, Circuit Judge, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 2, 1976.

SPRECHER, Circuit Judge.

The major issue in this diversity case is whether an exculpatory clause in a commercial contract clearly, explicitly and unequivocally (as required by Illinois law) limited negligence damages.

I

This action arose out of the purchase by the Komarek-Greaves Division of Berwind Corporation of 16 speed reducers from the Hewitt-Robbins Division of Litton Industries...

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