Legal Opinion

Idaho Power Company v. Westinghouse Electric Corporation

Court of Appeals for the Ninth Circuit

Decided May 14, 1979No. 77-2752PublishedCited by 37 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

We affirm the dismissal by summary judgment of Idaho Power Company’s damage suit against Westinghouse Electric. The action alleged that Westinghouse was liable on theories of warranty, negligence, and strict liability for damages caused by a defective voltage regulator which it manufactured and sold to Idaho Power.

On appeal, Idaho Power argues that (1) the district court erred in concluding that limitations of liability in the Westinghouse sales form were part of the contract between the parties, and that (2) even if they were part of the contract, Westinghouse…

2Cases cited15 opinions

  1. Vandermark v. Ford Motor Co.California Supreme Court · 1964
  2. S. M. Wilson & Company v. Smith International, Inc.Court of Appeals for the Ninth Circuit · 1978
  3. Frank E. Dorton and J. A. Castle, Partners, D/B/A the Carpet Mart v. Collins & Aikman Corporation and Painter Carpet Mills, Inc.Court of Appeals for the Sixth Circuit · 1972
  4. Greeno v. Clark Equipment CompanyDistrict Court, N.D. Indiana · 1965
  5. C. Itoh & Co. (America) Inc., a New York Corporation v. The Jordan International CompanyCourt of Appeals for the Seventh Circuit · 1977

10 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Daitom, Inc. v. Pennwalt CorporationCourt of Appeals for the Tenth Circuit · 1984
  2. Step-Saver Data Systems, Inc. v. Wyse Technology and the Software Link, IncCourt of Appeals for the Third Circuit · 1991
  3. The Tokio Marine and Fire Insurance Company, Limited, Plaintiffs- Appellants-Cross-Appellees v. McDonnell Douglas Corporation, Defendant-Appellee-Cross-Appellant. McDonnell Douglas Corporation, and Third-Party Plaintiff- Appellee-Cross-Appellant v. Japan Air Lines Co., Ltd., Third-Party Defendant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1980
  4. ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc.Alaska Supreme Court · 2014
  5. McCarty v. Verson Allsteel Press Co.Appellate Court of Illinois · 1980

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