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DALLAS POWER & LIGHT CO. v. WESTINGHOUSE ELEC. CORP.

No. 87-1446.

855 F.2d 203 (1988)

DALLAS POWER & LIGHT COMPANY, Texas Power & Light Company, Texas Electric Service Company, Texas Utilities Generating Company, Texas Utilities Electric Company, Texas Utilities Mining Company, and Texas Utilities Services, Inc., Plaintiffs-Appellants, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1988.

Attorney(s) appearing for the Case

Wm. Stephen Boyd, Travis E. Vanderpool, Worsham, Forsythe, Sampels & Wooldridge, Dallas, Tex., for plaintiffs-appellants.

David C. Godbey, R. Doak Bishop, Hughes & Luce, Dallas, Tex., for defendant-appellee.

Before GARWOOD and JONES, Circuit Judges, and HITTNER, District Judge.

HITTNER, District Judge:

Plaintiffs-Appellants ("DP & L") appeal the trial court's grant of summary judgment in favor of Defendant-Appellee Westinghouse Electric Corporation ("Westinghouse"). We affirm the trial court's decision.

FACTS

Westinghouse contracted to sell DP & L a large steam turbine generator used to produce electric power (the "sales contract"). In addition, Westinghouse contracted with DP & L to provide inspection and maintenance...

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