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PHILLIPS PETROLEUM CO. v. BUCYRUS-ERIE CO.

No. 84-152.

125 Wis.2d 418 (1985)

373 N.W.2d 65

PHILLIPS PETROLEUM COMPANY, NORWAY, American Petrofina Exploration Company of Norway, Norsk Agip A/S, Norsk Hydro A/S, Elk Norge A/S, Total Marine Norsk A/S, Aquitaine Norge A.D., Eurafrep Norge A/S, Coparex Norge A/S, Cofranord A/S, American International Reinsurance Company and Walter Insurance Limited, Plaintiffs-Respondents and Cross-Appellants, v. BUCYRUS-ERIE COMPANY, Bucyrus Disc, Inc. and Richard L. Johnson Company, Inc., Defendants-Appellants and Cross-Appellants, DEZEEUW TRADING COMPANY, LTD., a/k/a Trading Company, DeZeeuw, Ltd., Defendant.

Supreme Court of Wisconsin.

Decided July 15, 1985.

Attorney(s) appearing for the Case

For the defendants-appellants and cross-respondents the cause was submitted on the briefs of Quarles & Brady, with Laurence C. Hammond, Jr., and Mary Pat Ninneman of counsel, of Milwaukee.

For the plaintiffs-respondents and cross-appellants the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, S.C., with Kurt H. Frauen and David B. Bartel of counsel, of Milwaukee, and Phillips Petroleum Company, with William G. Paul, C.J. Roberts, and C.H. Purdy of counsel, of Bartlesville, Oklahoma.

Before Wedemeyer, P.J., Moser and Sullivan, JJ.

MOSER, J.

Bucyrus-Erie Company (Bucyrus) appeals from a judgment awarding $1,680,646 in compensatory damages to Phillips Petroleum Company (Phillips), for breach of contract and negligence. Phillips cross-appeals arguing that the damages are inadequate. Bucyrus sold a number of marine cranes to Phillips for use on Phillips' oil drilling platforms in the Norwegian sector of the North Sea. On February 28, 1974, Phillips was using a crane to unload supplies from a ship...

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