HENNES ERECTING CO. v. NAT. UN. FIRE INS. CO.

Nos. 85-1095, 85-1115.

813 F.2d 1074 (1987)

HENNES ERECTING COMPANY, Plaintiff-Appellant/Cross-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

March 23, 1987.


Attorney(s) appearing for the Case

Paul H. Niewald, Niewald, Waldeck, Norris & Brown, Overland Park, Kan. (Michael G. Norris and June Clark of the same firm with him on the brief), for plaintiff-appellant/cross-appellee.

Charles R. Tuffley, Denenberg, Tuffley & Bocan, Southfield, Mich. (Susan Tukel of the same firm and Jerome F. Bales, Wallace, Saunders, Austin, Brown & Enoch, Chartered, Overland Park, Kan., with him on the brief), for defendant-appellee/cross-appellant.

Before McKAY, McWILLIAMS and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

In 1980, the Board of Public Utilities of Kansas City, Kansas was building a power plant known as the Nearman Creek Power Station. Appellant contracted to install a Westinghouse 235,000 kw turbine generator in the project. On December 30, 1980, the turbine shaft of the generator was damaged severely during performance testing due to the failure of the number 1 main bearing. The failure was caused by the disconnection of an oil lubricating line...

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