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REYNOLDS METALS CO. v. WESTINGHOUSE ELEC. CORP.

No. 83-2689.

758 F.2d 1073 (1985)

REYNOLDS METALS COMPANY, Plaintiff-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 29, 1985.

Attorney(s) appearing for the Case

Gary, Thomasson, Hall, Marks, Gary Norton, Shirley Selz, Corpus Christi, Tex., for defendant-appellant.

Spann, Perry & Smith, Bob J. Spann, Corpus Christi, Tex., for plaintiff-appellee.

Before THORNBERRY, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Westinghouse Electric Corporation challenges a judgment for damages entered following a jury's determination that Westinghouse breached a contract with Reynolds Metals Company. Westinghouse argues that Reynolds' contract claim was barred by disclaimers of warranty, that in any event there was no breach, and that Reynolds failed to give the required notice before suing on its claim. We reject these arguments but conclude that...

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