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AMERICAN MOTORISTS INS. CO. v. TRANE CO.

Nos. 82-2472, 82-2475.

718 F.2d 842 (1983)

AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellant, Cross-Appellee, v. The TRANE COMPANY, a Wisconsin Corporation, Defendant-Appellee, Cross-Appellant, Employers Mutual Liability Insurance Company of Wisconsin, St. Paul Fire & Marine Insurance Co., and American Home Assurance Co., Defendants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 7, 1983.

Attorney(s) appearing for the Case

Laura S. Arvold, Jenswold, Studt, Hanson, Clark & Kaufman, Madison, Wis., for American Motorists Ins. Co.

Eugene O. Gehl, Brynelson, Herrick, Gehl & Budaida, Madison, Wis., for Employers Mut. Liability Ins. Co. of Wisconsin.

Michael D. LaMaster, Schlottauer & Johnson, Madison, Wis., for American Home Assur. Co.

Paula D. Osborn, Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn., for St. Paul Fire & Marine Ins. Co.

Christian L. Campbell, Sidley & Austin, Chicago, Ill., for Trane Co.

Before WOOD and ESCHBACH, Circuit Judges, and GRAY, Senior District Judge.

ESCHBACH, Circuit Judge.

The Trane Company ("Trane") manufactured and sold heat exchangers to three companies collectively known as "Pritchard." Pritchard utilized these heat exchangers as essential components in four liquefied natural gas plants that it constructed. The heat exchangers apparently did not perform as well as expected and, therefore, the plants did not operate at their full capacities.

Employing a variety of legal theories, Pritchard filed claims...

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