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MILGARD TEMPERING, INC. v. SELAS CORP. OF AMERICA

Nos. 87-4067, 87-4068.

902 F.2d 703 (1990)

MILGARD TEMPERING, INC., Plaintiff-Appellee/Cross-Appellant, v. SELAS CORPORATION OF AMERICA, a foreign corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1990.

Attorney(s) appearing for the Case

Edward M. Lane, of Edward M. Lane & Associates, Tacoma, Wash., James M. Sweet and David L. Hall, Drinker Biddle & Reath, Philadelphia, Pa., for defendant-appellant/cross-appellee.

J. Richard Creatura, Sal Mungia and Bradley A. Maxa, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, Wash., for plaintiff-appellee/cross-appellant.

Before TANG, HALL, and BRUNETTI, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This appeal marks the end of nearly seven years of litigation over a "sure fire" glass tempering furnace purchased over ten years ago. The seller, Selas Corporation of America ("Selas") appeals the judgment of the district court awarding the buyer, Milgard Tempering, Inc. ("Milgard"), damages resulting from its failure to repair serious defects in the furnace. Milgard cross-appeals the district court's denial of attorneys' fees...

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