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KAISER ALUMINUM AND CHEMICAL CORP. v. WESTINGHOUSE ELEC. CORP.

No. 90-2189.

981 F.2d 136 (1992)

KAISER ALUMINUM AND CHEMICAL CORPORATION, A Delaware Corporation, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, A Pennsylvania Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1992.

As Amended January 8, 1993.

Attorney(s) appearing for the Case

Richard Lawrence Gill, Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., argued (William M. Lutz, Robins, Kaplan, Miller & Ciresi, Thomas V. Flaherty, Kay, Casto, Chaney, Love & Wise, Charleston, W. Va., on the brief), for plaintiff-appellant.

Shawn Patrick George, Jackson & Kelly, Charleston, W. Va., argued (Anthony J. Majestro, Robert L. Elkins, Jackson & Kelly, Charleston, W. Va., on the brief), for defendant-appellee.

Before RUSSELL, Circuit Judge, and HILL, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

This is a suit between a customer (Kaiser) who had purchased from a manufacturer (Westinghouse) a component of its electric generator which supplied power for the operation of its aluminum fabricating plant at Ravenswood, West Virginia. The manufactured article was to be used as a spare, available in event of any problem affecting the currently operating generator. When first put into service, the component showed evidences...

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