HUTCHINSON UTILITIES COM'N OF CITY OF HUTCHINSON v. CURTISS-WRIGHT CORP.

Nos. 84-5165, 84-5184.

775 F.2d 231 (1985)

HUTCHINSON UTILITIES COMMISSION OF the CITY OF HUTCHINSON, Hutchinson, Minnesota, Appellee/Cross-Appellant, v. CURTISS-WRIGHT CORPORATION, a Delaware corporation, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 11, 1985.


Attorney(s) appearing for the Case

John M. Mason, Minneapolis, Mn., for appellant/cross-appellee.

Lawrence Zelle, Minneapolis, Mn., for appellee/cross-appellant.

Before BRIGHT, Senior Circuit Judge, ROSS and JOHN R. GIBSON, Circuit Judges.


ROSS, Circuit Judge.

This is a diversity case governed by Minnesota law. The appellant, Curtiss-Wright Corporation (Curtiss-Wright), appeals from a judgment granting damages to Hutchinson Utilities Commission (Hutchinson) for Curtiss-Wright's breach of an express warranty and fraudulent misrepresentation in connection with the sale of a generating unit. Curtiss-Wright argues that the trial court erred in finding that Hutchinson had established a right to recover under...

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