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HORIZONS, INC. v. AVCO CORP.

Nos. 82-2270 and 82-2309.

714 F.2d 862 (1983)

HORIZONS, INC., Appellee/Cross-Appellant, v. AVCO CORPORATION, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

John M. Kilroy, Sr., Dennis D. Palmer, William E. Quirk, of Shughart, Thomson & Kilroy, Kansas City, Mo., for Avco Corp.

Wayne F. Gilbert, of Gunderson, Farrar, Aldrich & DeMersseman, Rapid City, S.D., for Horizons, Inc.

Before ROSS and ARNOLD, Circuit Judges, and SCHATZ, District Judge.

ROSS, Circuit Judge.

This diversity action was instituted by Horizons, Inc. alleging a breach of express and implied warranties of fitness for an ordinary purpose and fitness for a particular purpose in connection with the purchase by Horizons of an airplane engine which was remanufactured by Avco Corporation. Horizons claimed that it suffered ordinary, incidental and consequential damages as a result of backfiring which occurred in the engine shortly after installation...

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