No. 75-2936.

587 F.2d 1363 (1978)

S. M. WILSON & COMPANY, Plaintiff-Appellant, v. SMITH INTERNATIONAL, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 19, 1978.

Attorney(s) appearing for the Case

Robert B. Flaig, Thelen, Marrin, Johnson & Bridges, Los Angeles, Cal., for plaintiff-appellant.

Richard F. Oetting, Gilbert D. Jensen, Voegelin & Barton, Los Angeles, Cal., for defendant-appellee.

Before WALLACE and SNEED, Circuit Judges, and ENRIGHT, District Judge.

SNEED, Circuit Judge:

This case presents the familiar question of the circumstances under which a seller in a commercial sale can limit its liability through contractual exclusions of warranty and remedy.

The district court found that the contract involved here was effective in excluding the buyer's recovery of consequential damages and granted summary or final judgment for defendant Smith International, Inc., on all claims. Our jurisdiction is based on 28...

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