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WOODWARD GOVERNOR v. CURTISS-WRIGHT FLIGHT SYSTEMS

Docket No. 98-7910.

164 F.3d 123 (1999)

WOODWARD GOVERNOR CO., Plaintiff-Appellant, v. CURTISS-WRIGHT FLIGHT SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 8, 1999.

Attorney(s) appearing for the Case

Christopher M. Curran, White & Case, Washington, D.C. (J. Christian Word, of counsel), for Appellant.

Steven R. Humphrey, Robinson & Cole LLP, Hartford, CT (Craig A. Raabe, Bradford S. Babbitt, of counsel), for Appellee.

Before: WALKER and McLAUGHLIN, Circuit Judges, and PRESKA, District Judge.

McLAUGHLIN, Circuit Judge:

BACKGROUND

In 1990, the United States contracted with the Lockheed Corporation ("Lockheed"), for the design and manufacture of a new fighter plane, the F-22 "Raptor." As is typical in such cases, a series of subcontracts ensued. Lockheed subcontracted the weapons bay doors to Curtiss-Wright Flight Systems, Inc. ("Curtiss-Wright"). Curtiss-Wright, in turn, chose the plaintiff, Woodward Governor Co. ("Woodward"), to produce "test...

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