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McDONNELL DOUGLAS CORP. v. THIOKOL CORP.

No. 96-55239.

124 F.3d 1173 (1997)

McDONNELL DOUGLAS CORPORATION, Plaintiff-Appellant, v. THIOKOL CORPORATION; Morton International, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

Douglas E. Winter, Jeffrey W. Morof, Bryan Cave, Washington, DC, and Los Angeles, CA, for plaintiff-appellant.

Larry S. Kaplan, Kaplan & Begy, Chicago, IL, for defendants-appellees.

Before: HUG, Chief Judge, and FERNANDEZ and RYMER, Circuit Judges.

HUG, Chief Judge.

Thiokol Corporation contracted to provide Star 48 motors to McDonnell Douglas Corporation for inclusion in McDonnell Douglas' upper-stage Payload Assist Module, which is designed to propel satellites from the Space Shuttle to a geosynchronous orbit 22,000 nautical miles from Earth. In the contract, Thiokol warranted that the motors would be free of defects in material, labor, and manufacture and that the motors would comply with contract drawings...

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