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EMERSON ELEC. v. AMERICAN PERMANENT WARE CO.

No. 05-04-01266-CV.

201 S.W.3d 301 (2006)

EMERSON ELECTRIC CO. d/b/a Chromalox, Appellant v. AMERICAN PERMANENT WARE CO., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 9, 2006.

Attorney(s) appearing for the Case

Scott J. Atlas, Weil, Gotshal & Manges LLP, Houston, Richard Illmer, Brown, McCarroll, L.L.P., Dallas, and Penelope E. Nicholson, Law Office of Vinson & Elkins, L.L.P., Houston, for Appellant.

Scott S. Hershman, Lackey Hershman, L.L.P., Dallas, and John W. Bickel II, Bickel & Brewer, Dallas, for Appellee.

Before Chief Justice THOMAS and Justices WHITTINGTON and FRANCIS.

OPINION

Opinion by Justice FRANCIS.

This appeal arises out of a dispute between American Permanent Ware Co. (APW) and Emerson Electric Co. d/b/a Chromalox over the design and manufacture of heating elements for a bagel toaster. A jury found Emerson liable on APW's claims for breach of contract and breach of express and implied warranties and awarded more than $2.1 million in damages. The trial court rendered...

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