McJUNKIN CORP. v. MECHANICALS, INC.

No. 87-3345.

888 F.2d 481 (1989)

McJUNKIN CORPORATION, Plaintiff and Third-Party Plaintiff-Fourth-Party Plaintiff and Appellant, v. MECHANICALS, INC., Defendant, Alaskan Copper Companies, Inc., Third-Party Defendant-Fourth-Party Defendant and Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1989.

Rehearing Denied December 14, 1989.


Attorney(s) appearing for the Case

John P. Kiely, Ralph Mitchell (argued), Donald C. Adams, Jr., Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, Brian L. Buzby, Porter, Wright, Morris & Arthur, Columbus, Ohio, for McJunkin Corp.

Douglas E. Hart, Cincinnati, Ohio, for Mechanicals, Inc.

James M. Moore (argued), Cincinnati, Ohio, Gary L. Herfel, Ft. Wright, Ky., for Alaskan Copper Companies, Inc.

Before MERRITT, Chief Judge; KRUPANSKY, Circuit Judge; and ENGEL, Senior Circuit Judge.


ENGEL, Senior Circuit Judge.

This conflict requires a court to declare a victor in a classic Uniform Commercial Code "Battle of the Forms" under Ohio Rev.Code § 1302.10, U.C.C. § 2-207. We must determine whether, under the facts here, a liability limitation contained in an acknowledgment form of Appellee Alaskan Copper Companies precludes Appellant McJunkin Corporation from recovering damages after Alaskan sold it defective goods.

The problem underlying...

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