CANAL ELEC. CO. v. WESTINGHOUSE ELEC. CO.

Nos. 91-1432, 91-1433 and 91-1504.

973 F.2d 988 (1992)

CANAL ELECTRIC COMPANY, et al., Plaintiffs, Appellees, v. WESTINGHOUSE ELECTRIC COMPANY, Defendant, Appellee, Commonwealth Electric Company, et al., Plaintiffs, Appellants. CANAL ELECTRIC COMPANY, et al., Plaintiffs, Appellees, v. WESTINGHOUSE ELECTRIC COMPANY, Defendant, Appellant. CANAL ELECTRIC COMPANY, et al., Plaintiffs, Appellants, v. WESTINGHOUSE ELECTRIC COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 31, 1992.

Memorandum and Order on Denial of Rehearing October 16, 1992.


Attorney(s) appearing for the Case

Sander A. Rikleen with whom Franklin C. Huntington, IV, Widett, Slater & Goldman, P.C., Mark F. Bruckmann, Wendy B. Millman and Mendes & Mount were on briefs, for Canal Elec. Co., Commonwealth Elec. Co., Cambridge Elec. Light Co. and Montaup Elec. Co.

Edward P. Leibensperger with whom Neil P. Motenko, Brian D. Ahern and Nutter, McClennen & Fish were on brief, for Westinghouse Elec. Corp.

Before BREYER, Chief Judge, CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.


BREYER, Chief Judge.

The consolidated appeals in this diversity case arise out of the discovery, between 1983 and 1985, of tiny cracks (called "fretting") in the turbine blades of a Canal Electric Company generator. Canal Electric Company sued the firm that had promised to service the generator, Westinghouse Electric Corporation, claiming that Westinghouse had breached both the generator's service and equipment warranties. Several Canal customers (the third-party...

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