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DAVIDSON OIL COUNTRY SUPPLY v. KLOCKNER, INC.

No. 89-2221.

908 F.2d 1238 (1990)

DAVIDSON OIL COUNTRY SUPPLY CO., INC., Appellant, v. KLOCKNER, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1990.

Attorney(s) appearing for the Case

Eugene B. Wilshire, Jr., Patrick J. Dyer, Wilshire, Scott, Halbach & Dyer, Houston, Tex., for appellant.

Rick L. Oldenettle, Gilpin Maynard, Houston, Tex., Kenneth L. Everett, Paul J. O'Neill, Jr., New York City, for appellee.

Before BROWN, WILLIAMS, and JONES, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Prologue

Davidson Oil Country Supply Co., Inc. (DOCS) bought tubular materials from Klockner, Inc. (Klockner). Klockner had purchased the tubular goods from an Italian mill called Ferrotubi. Ferrotubi manufactured the pipe. DOCS's purchase orders specified that the materials were to be J-55 ERW API tubing.1 DOCS sold the pipe to customers who used...

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