General Electric Co. v. United States Dynamics, Inc., No. 7136.
| Court | U.S. Court of Appeals — First Circuit |
| Writing for the Court | ALDRICH, , McENTEE and COFFIN, Circuit |
| Citation | 403 F.2d 933 |
| Parties | GENERAL ELECTRIC COMPANY, Plaintiff, Appellee, v. UNITED STATES DYNAMICS, INCORPORATED, Defendant, Appellant. |
| Docket Number | No. 7136. |
| Decision Date | 19 November 1968 |
403 F.2d 933 (1968)
GENERAL ELECTRIC COMPANY, Plaintiff, Appellee,
v.
UNITED STATES DYNAMICS, INCORPORATED, Defendant, Appellant.
No. 7136.
United States Court of Appeals First Circuit.
November 19, 1968.
Harold M. Linsky, Boston, Mass., for appellant.
Frank B. Frederick, Boston, Mass., with whom William B. Duffy, Jr., and Johnson, Clapp, Ives & King, Boston, Mass., were on brief, for appellee.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
COFFIN, Circuit Judge.
Appellee, General Electric Company (G.E.), sued appellant United States
The apparatus in suit was designed to remove oxygen from nitrogen in a pipe line. It proved defective (so far as G.E.'s needs were concerned) in failing adequately to exclude hydrogen — used in reactivating certain chemicals used in the process — from the main stream of gas flowing through the system. In 1962, G.E. took delivery of a small gas purifier from Dynamics for observation and testing to see whether G.E. would be interested in purchasing a machine with much larger capacity. By both brochure and conversation G.E. was advised that the model operated so that "No hydrogen mixes with the main gas stream." G.E. had the model for over a year and found that it could remove oxygen as claimed.
Thereafter a contract for a larger unit was entered into. Dynamics by letter agreed that the purchase order included the following documents: a Dynamics letter of price quotations; a G.E. Purchase Order and Specifications requiring in part that "No other impurities should be introduced into the affluent nitrogen"; a Dynamics letter of agreement to comply with the terms including a specific "guarantee that the equipment * * * will purify the quantity of gas specified to the level required"; a guaranty of supply of chemicals and a patent indemnity agreement.
The equipment was made, delivered,...
To continue reading
Request your trial
-
McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
...has been purified by the exclusion of any genuine issues of material fact." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st In the case at bar, the statements of material fact filed by the parties in compliance with their respective obligations under D.R.I.......
-
Cousineau v. Walker, No. 4551
...contracts. 16 See, e. g., United States v. Aerodox, Inc., 469 F.2d 1003 (5th Cir. 1972); General Electric Co. v. U. S. Dynamics, Inc., 403 F.2d 933 (1st Cir. 1968); City of Paragould v. Int'l Power Machinery Co., 233 Ark. 872, 349 S.W.2d 332...
-
Community Nat. Bank v. Dawes
...lip service has been paid to use of the procedure as an extreme remedy. See, e.g., General Elec. Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir. 1968) ('(W)e are fully aware that summary judgment is a judicial device available only when the effluent stream of controversy ha......
-
Hydron Laboratories, Inc. v. EPA, Civ. A. No. 82-0166 S.
...has been purified by the exclusion of any genuine issues of material fact..." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir.1968), quoted with approval in Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 On this deficient record, and without the ......
-
McInnis v. Harley-Davidson Motor Co., Inc., Civ. A. No. 82-0422-S.
...has been purified by the exclusion of any genuine issues of material fact." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st In the case at bar, the statements of material fact filed by the parties in compliance with their respective obligations under D.R.I.......
-
Cousineau v. Walker, No. 4551
...contracts. 16 See, e. g., United States v. Aerodox, Inc., 469 F.2d 1003 (5th Cir. 1972); General Electric Co. v. U. S. Dynamics, Inc., 403 F.2d 933 (1st Cir. 1968); City of Paragould v. Int'l Power Machinery Co., 233 Ark. 872, 349 S.W.2d 332...
-
Community Nat. Bank v. Dawes
...lip service has been paid to use of the procedure as an extreme remedy. See, e.g., General Elec. Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir. 1968) ('(W)e are fully aware that summary judgment is a judicial device available only when the effluent stream of controversy ha......
-
Hydron Laboratories, Inc. v. EPA, Civ. A. No. 82-0166 S.
...has been purified by the exclusion of any genuine issues of material fact..." General Electric Co. v. United States Dynamics, Inc., 403 F.2d 933, 934 (1st Cir.1968), quoted with approval in Milene Music, Inc. v. Gotauco, 551 F.Supp. 1288, 1292 On this deficient record, and without the ......