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WESTINGHOUSE ELEC. CORP. v. GARRETT CORP.

Nos. 77-2403, 77-2404.

601 F.2d 155 (1979)

WESTINGHOUSE ELECTRIC CORPORATION, Aerospace and Electronic Systems Division, Defense and Electronic Systems Center, Appellant, v. The GARRETT CORPORATION, Airesearch Manufacturing Company, a Division of the Garrett Corporation, Appellee. WESTINGHOUSE ELECTRIC CORPORATION, Aerospace and Electronic Systems Division, Defense and Electronic Systems Center, Appellee, v. The GARRETT CORPORATION, Airesearch Manufacturing Company, a Division of the Garrett Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1979.

Attorney(s) appearing for the Case

John Vanderstar, Washington, D. C. (John Bolton, Covington & Burling, Washington, D. C., Maurice J. Gilchrist, Bronxville, N. Y., Westinghouse Elec. Corp., on brief) for appellant in No. 77-2404 and for appellee in No. 77-2404.

Edmund P. Dandridge, Jr., and George C. Doub, Jr., Baltimore, Md. (John Henry Lewin, Venable, Baetjer & Howard, Baltimore, Md., on brief) for appellee in No. 77-2403 and for appellant in No. 77-2404.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

Westinghouse Electric Corporation (Westinghouse) brought this action against The Garrett Corporation (Garrett) for breach of contract. Garrett denied that it had breached the contract, and filed a counterclaim alleging that Westinghouse had wrongfully terminated the contract. Jurisdiction is based on diversity of citizenship. After a non-jury trial on the merits, the district court found that both parties were equally responsible for the delays which led...

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