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TEREX CORP. v. INGALLS SHIPBUILDING, INC.

No. 92-CA-00690-SCT.

671 So.2d 1316 (1996)

TEREX CORPORATION v. INGALLS SHIPBUILDING, INC.

Supreme Court of Mississippi.

March 28, 1996.

Attorney(s) appearing for the Case

William N. Reed, Baker Donelson Bearman & Caldwell, Jackson, H. Mitchell Cowan, Watkins Ludlam & Stennis, Jackson, for appellant.

William T. Reed, Oswald & Reed, Pascagoula, George M. Simmerman, Jr., Pascagoula, for appellee.

En Banc.

SMITH, Justice, for the Court:

On December 10, 1985, Terex Corporation ("Terex") and Ingalls Shipbuilding, Inc. ("Ingalls") contracted in the amount of $252,920 for Terex to supply two 10,000 pound terrain diesel powered forklifts to be used on a ship, designated LHD-1, built for the United States Navy. The Navy had very specific criteria for the forklifts and also required extensive, expensive testing on the original forklift built. Included in the contract were...

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