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MARTIN MARIETTA ALUMINUM, INC. v. GENERAL ELEC. CO.

No. 76-3763.

586 F.2d 143 (1978)

MARTIN MARIETTA ALUMINUM, INC., a California Corporation, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1978.

Attorney(s) appearing for the Case

John E. Ederer (argued), of Helsell, Fetterman, Martin, Todd & Hokanson, Seattle, Wash., for plaintiff-appellant.

Coleman P. Hall (argued), of Karr, Tuttle, Koch, Campbell, Mawer & Morrow, Seattle, Wash., for defendant-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

Martin Marietta Aluminum, Inc. (MMA), brought this action for damages as a result of the breakdown of 12 high voltage rectifier transformers at its aluminum reduction plant. MMA contends that its losses were the result of improper design and manufacture by General Electric Company (GE), which by contract supplied the plant's high voltage electrical system. The complaint alleged that GE was negligent and was liable for breach of implied and...

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