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LORAL CORP. v. McDONNELL DOUGLAS CORP.

Nos. 1555, 1556, Dockets 77-7311 and 77-3034.

558 F.2d 1130 (1977)

In re Loral Corporation, Petitioner. LORAL CORPORATION, Plaintiff-Appellant, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 29, 1977.

Attorney(s) appearing for the Case

Willkie, Farr & Gallagher, New York City, David L. Foster, Alvin A. Simon, William G. Scarborough and Francis J. Menton, Jr., New York City, of counsel, for plaintiff-appellant Loral Corp.

White & Case, New York City, Thomas McGanney and Todd B. Sollis, New York City, and Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., George S. Hecker and Charles A. Weiss, St. Louis, Mo., of counsel, for defendant-appellee McDonnell Douglas Corp.

Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Robert E. Kopp, David J. Anderson and R. John Seibert, Attys., Dept. of Justice, Washington, D.C., of counsel, for United States as amicus curiae.

Before LUMBARD, SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Loral Corporation, a subcontractor designing and producing classified equipment for the Air Force, in August 1973 sued the prime contractor, McDonnell Douglas Corporation, on the subcontract in the United States District Court for the Southern District of New York. McDonnell Douglas counterclaimed for alleged breaches by Loral. After extensive discovery over a long period a pretrial order was prepared under the supervision of a magistrate...

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