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CONTINENTAL OIL CO. v. GENERAL AM. TRANSP. CORP.

Civ. A. No. 73-H-1479.

409 F.Supp. 288 (1976)

CONTINENTAL OIL COMPANY and Trans-Chem Facilities, Inc., Plaintiffs, v. GENERAL AMERICAN TRANSPORTATION CORPORATION, Defendant.

United States District Court, S. D. Texas, Houston Division.

February 11, 1976.

Attorney(s) appearing for the Case

John D. Gilpin, Fulbright & Jaworski, Houston, Tex., for plaintiffs.

G. Irvin Terrell, Baker & Botts, Houston, Tex., for defendant.

MEMORANDUM AND OPINION

CARL O. BUE, Jr., District Judge.

I. INTRODUCTION

In this diversity action, plaintiffs seek to recover damages resulting from certain alleged defects in 46 railroad tank cars manufactured and sold by defendant to plaintiffs in 1966. Plaintiffs assert causes of action premised on negligence, strict liability in tort, breach of express and implied warranties, and breach of contract. Defendant has moved for partial summary judgment...

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