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SAINT-GOBAIN INDUS. CERAMICS INC. v. WELLONS, INC.

Nos. 00-1928, 00-1929.

246 F.3d 64 (2001)

SAINT-GOBAIN INDUSTRIAL CERAMICS INC., Plaintiff, Appellant/Cross-Appellee v. WELLONS, INC., Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided April 26, 2001.

Rehearing Denied May 22, 2001.

Attorney(s) appearing for the Case

Kenneth I. Levin, with whom Paul G. Morrissey and Pepper Hamilton LLP, were on brief, for appellant.

James A.G. Hamilton, with whom Susan E. Stenger, Andrew F. Caplan, and Perkins, Smith & Cohen, LLP, were on brief, for appellee.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

Tighter environmental regulations at times force businesses to try new methods and technologies to meet more stringent requirements. In this case, one of those technologies failed — ceramic tubes made by Saint-Gobain Industrial Ceramics Inc. The tubes were used by Wellons, Inc. in high temperature heat exchanges, part of a new system to dry wood chips. In the ensuing litigation, Wellons was awarded some but not all of what it sought. Saint...

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