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OCCIDENTAL CHEMICAL v. ELLIOTT TURBOMACHINERY CO.

No. 95-30662.

84 F.3d 172 (1996)

OCCIDENTAL CHEMICAL CORPORATION, and Travelers Insurance Company, Plaintiffs-Appellees, v. ELLIOTT TURBOMACHINERY COMPANY, INC., Defendant-Appellant, and Liberty Mutual Insurance Company, Defendant.

United States Court of Appeals, Fifth Circuit.

June 3, 1996.

Attorney(s) appearing for the Case

Merrick J. Norman, Jr., Woodley, Williams, Fenet, Boudreau, Norman & Brown, Lake Charles, LA, Daniel Q. Poretti, Gary J. Gordon, Fetterly and Gordon, Minneapolis, MN, for plaintiffs-appellees.

A. Justin Ourso, III, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Baton Rouge, LA, for defendant-appellant.

Before REYNALDO G. GARZA, WIENER and STEWART, Circuit Judges.

STEWART, Circuit Judge:

This interlocutory appeal raises issues of first impression involving Louisiana contract law. Elliott Turbomachinery Company appeals the district court's decision denying its second motion for summary judgment regarding the plaintiffs' claim for gross fault.1 The district court held that the warranty provision in Elliott's commercial contract, which limits the duration of its liability for gross fault to only one...

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