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COOPERATIVE POWER ASS'N v. WESTINGHOUSE ELEC. CORP.

Nos. 94-3640 and 94-3792.

60 F.3d 1336 (1995)

COOPERATIVE POWER ASSOCIATION, Appellant/Cross-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1995.

Attorney(s) appearing for the Case

David A. Engen, Minneapolis, MN, argued (William A. Webster, Minneapolis, MN, and Steven A. Storslee of Bismarck, ND, on the brief), for appellant/cross-appellee.

Lawrence A. Dopson, Bismarck, ND, argued (Stephen D. Easton, on the brief), for appellee/cross-appellant.

Before BEAM, Circuit Judge, BRIGHT, Senior Circuit Judge and MURPHY, Circuit Judge.

BRIGHT, Senior Circuit Judge.

I. INTRODUCTION

This diversity action arose from the sale of a step-up transformer by Westinghouse Electric Corporation ("Westinghouse") to Cooperative Power Association ("CPA"). CPA brought suit against Westinghouse after the transformer malfunctioned, apparently the result of improperly tightened bushing caps. CPA raised several tort and contract claims, ultimately winning a verdict in excess of $1.4 million on the basis of...

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