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RIEGEL POWER CORP. v. VOITH HYDRO

No. 88-1316.

888 F.2d 1043 (1989)

RIEGEL POWER CORPORATION; Mount Vernon Mills, Inc., Plaintiffs-Appellants, v. VOITH HYDRO; Crowder Construction Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 6, 1989.

Attorney(s) appearing for the Case

Moffatt G. McDonald (John B. McLeod, Haynsworth, Marion, McKay & Guerard, Greenville, S.C., on brief), for plaintiffs-appellants.

Robert L. Binder (Douglas M. Hagerman, Foley & Lardner, Milwaukee, Wis., C. Alan Runyan, Speights & Runyan, Hampton, S.C., on brief), for defendants-appellees.

Before RUSSELL and WILKINSON, Circuit Judges, and HADEN, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This is an action by a buyer-plaintiff to recover of a seller-defendant damages for breach of a warranty of merchantability and freedom of defects in connection with the sale of an electric turbine. The buyer-plaintiff originally was Riegel Textile Company, but Riegel Power Corporation and Mount Vernon Mills, Inc. are the successors in "interest or assignees of Riegel Textile rights under the contract" and sue as such. The plaintiffs...

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