H.C. SMITH INVESTMENTS v. OUTBOARD MARINE CO.

Nos. 02-1506, 02-1611.

377 F.3d 645 (2004)

H.C. SMITH INVESTMENTS, L.L.C., Plaintiff-Appellee/Cross-Appellant, v. OUTBOARD MARINE COMPANY, et al., Defendants, Raytheon Aircraft Services, Inc., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 4, 2004.


Attorney(s) appearing for the Case

Jon R. Muth (argued and briefed), Susan G. Davis (briefed), Miller, Johnson, Snell & Cummiskey, Grand Rapids, MI, for Plaintiff-Appellee Cross-Appellant.

Thomas F. Koernke, Koernke & Compton, Grand Rapids, MI, for Defendant.

Kathleen McCree Lewis (argued and briefed), Kyle R. Dufrane (briefed), Dykema Gossett, Detroit, MI, Richard G. Ward (briefed), Sullivan, Ward, Asher & Patton, Southfield, MI, for Defendant-Appellant Cross-Appellee.

Before: MARTIN and CLAY, Circuit Judges; CUDAHY, Senior Circuit Judge.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

H.C. Smith Investments, L.L.C. hired Raytheon Aircraft Services, Inc. to inspect a jet airplane that it was considering purchasing. Approximately one year after the inspection and subsequent purchase, Smith Investments discovered that Raytheon failed to detect that the airplane had extensive corrosion damage, which substantially diminished its value and safety. Smith...

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