Davidson Oil Country Supply Co., Inc. v. Klockner, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
Prologue
Davidson Oil Country Supply Co., Inc. (DOCS) bought tubular materials from Klockner, Inc. (Klockner). Klockner had purchased the tubular goods from an Italian mill called Ferrotubi. Ferrotubi manufactured the pipe. ■ DOCS’s purchase orders specified that the materials were to be J-55 ERW API tubing. 1 DOCS sold the pipe to customers who used it in well operations. Two of those customers experienced downhole weld seam failure in the pipe.
DOCS’s primary claim was that the Fer-rotubi materials contained a latent manufacturing defect which made those materials…
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