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WEYERHAEUSER CO. v. COMBUSTION EQUIP., ETC.

No. 79-4339.

654 F.2d 569 (1981)

WEYERHAEUSER COMPANY, a Washington Corporation, Plaintiff-Appellee, v. COMBUSTION EQUIPMENT ASSOCIATES, INC., a New York Corporation, and Combustion Corporation, a California Corporation, Defendants-Appellants, Williams Patent Crusher and Pulverizer Co., Inc., a Missouri Corporation, Third-Party-Defendant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1981.

Attorney(s) appearing for the Case

Daniel Knox, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for defendants-appellees.

George H. Fraser, Portland, Or., argued, for plaintiff-appellee; Peter Jarvis, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., on brief.

Before GOODWIN, FARRIS and CANBY, Circuit Judges.

PER CURIAM.

Combustion Equipment Associates appeals an adverse judgment in Weyerhaeuser's action for damages for breach of contract. Combustion Equipment agreed to design, install and start up a high performance steam plant that would burn sawmill waste. The installation was unsatisfactory. Weyerhaeuser claimed damages arising from costs and delays directly resulting from Combustion Equipment's failure to perform the contract.

The trial judge, sitting without...

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