WASHINGTON PUBLIC POWER SUPPLY SYSTEM v. PITTSBURGH-DES MOINES CORP.

Nos. 86-4300, 88-3554.

876 F.2d 690 (1989)

WASHINGTON PUBLIC POWER SUPPLY SYSTEM, Plaintiff-Appellant, v. PITTSBURGH-DES MOINES CORPORATION, a Pennsylvania corporation; and The American Insurance Company, a New Jersey corporation, Defendants-Appellees. PITTSBURGH-DES MOINES CORPORATION, a Pennsylvania corporation, Plaintiff-Appellant, v. WASHINGTON PUBLIC POWER SUPPLY SYSTEM, a Washington municipal corporation; Vera Claussen; Kenneth Cochrant; Raymond Colbert; Cornelius Duffie; Sam Farmer; Carl Halvorson; Parker Knight; Paul Nolan; Lois Powell; Sydney Steinborn; Louis Winnard; James Perko; Richard Breshnahan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum March 29, 1989.

Order and Opinion May 23, 1989.


Attorney(s) appearing for the Case

William J. Bender and Linda J. Strout, Seattle, Wash., for plaintiff-appellant, WPPSS.

Stanley J. Bensussen, Richland, Wash., for cross-appellant, WPPSS.

Hobart A. McWhorter, Jr., Birmingham, Ala., for defendant-appellee, Pittsburgh-Des Moines Corp.

Before WRIGHT, WALLACE and HUG, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge.

This case stems from litigation of issues arising from contractual agreements between Washington Public Power Supply System (WPPSS) and Pittsburgh-Des Moines Corporation (PDM) relating to the construction of WPPSS Nuclear Project No. 2 (WNP-2) and Project No. 5 (WNP-5).

In WPPSS's appeal (PDM I), we examine several contracts involving the retrofit of WNP-2 to determine the scope of WPPSS's breach of contract and warranty...

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