MARTIN MARIETTA CORP. v. INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION

No. 92-1094.

978 F.2d 140 (1992)

MARTIN MARIETTA CORPORATION, Plaintiff-Appellee, v. INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1992.


Attorney(s) appearing for the Case

William Dill Rogers, Arnold & Porter, Washington, D.C., argued (Douglas A. Dworkin, Eric A. Rubel, Matthew Frumin, Arnold & Porter, Washington, D.C., and J. Hardin Marion, and William W. Carrier, III, Tydings & Rosenberg, Baltimore, Md., on brief), for defendant-appellant.

Andrew Lewis Frey, Mayer, Brown & Platt, Washington, D.C., argued (Evan M. Tager, Donald M. Falk, Mayer, Brown & Platt, Washington, D.C., and Benjamin R. Civiletti, James A. Dunbar, and John A. McCauley, Venable, Baetjer & Howard, Baltimore, Md., on brief), for plaintiff-appellee.

Before ERVIN, Chief Judge, WILLIAMS, Circuit Judge, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

ERVIN, Chief Judge:

Martin Marietta agreed to launch a satellite for the International Telecommunications Satellite Organization (INTELSAT), but the satellite ended up in a useless orbit. Martin Marietta then sought a declaratory judgment that it owed INTELSAT nothing under the agreement between the parties, and INTELSAT counterclaimed for negligence, negligent misrepresentation, gross negligence, and breach of contract. Martin Marietta moved to...

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