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CONTINENTAL AIRLINES v. GOODYEAR TIRE & RUBBER CO.

Nos. 85-6367, 85-6414, 86-6047 and 86-6195.

819 F.2d 1519 (1987)

CONTINENTAL AIRLINES, INC., Plaintiff-Appellant, v. GOODYEAR TIRE & RUBBER COMPANY, B.F. Goodrich Co., Cleveland Pneumatic, Inc. and Air Treads, Inc., Defendants-Appellees. McDONNELL DOUGLAS CORPORATION, Plaintiff-Appellee v. CONTINENTAL AIRLINES, INC., Defendant-Appellant, and Goodyear Tire & Rubber Company, Cleveland Pneumatic, Inc., Sargent Industries, Inc., Defendants-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 14, 1987.

Decided June 23, 1987.

Attorney(s) appearing for the Case

Gregory A. Long, Los Angeles, Cal., for plaintiff-appellant.

Thomas C. Walsh, Joseph E. Gregorich, Robert W. King, Los Angeles, Cal., Darrell A. Forgey, San Diego, Cal., for defendants-appellees.

Before SNEED, FARRIS and NOONAN, Circuit Judges.

SNEED, Circuit Judge:

These cases arise in the aftermath of a serious accident involving a Continental Airlines DC-10 aircraft. We must decide, among other issues, whether an exculpatory clause in the contract of sale between Continental and the aircraft's manufacturer, McDonnell Douglas Corporation (MDC), bars certain of Continental's claims not only against MDC but also against various suppliers of the aircraft's component parts. The district court so held on summary...

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