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ROCKY MOUNTAIN HELICOPTERS v. BELL HELICOPTERS

Nos. 84-2442, 84-2623.

805 F.2d 907 (1986)

ROCKY MOUNTAIN HELICOPTERS, INC., Southeastern Aviation (California), Inc., as agent for Underwriters at Lloyds, London and Certain Insurance Companies, Plaintiffs-Appellees, v. BELL HELICOPTERS TEXTRON, A DIVISION OF TEXTRON, INC. Defendant-Appellant. ROCKY MOUNTAIN HELICOPTERS, INC., and Southeastern Aviation (California), Inc., Agent for Underwriters at Lloyds, London, Plaintiffs-Appellants, Certain Insurance Companies, Plaintiffs, v. BELL HELICOPTERS TEXTRON, A DIVISION OF TEXTRON, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 19, 1986.

Attorney(s) appearing for the Case

Ralph S. LaMontagne, Jr. and Lawrence O. deCoster (Richard B. Johnson, Howard, Lewis & Peterson, Provo, Utah, with them on the brief), of Kern & Wooley, Los Angeles, Cal., for plaintiff-appellee-cross-appellants.

H. Wayne Wadsworth (Steven C. Magleby, with him on the brief), of Watkiss & Campbell, Salt Lake City, Utah, for defendant-appellant-cross-appellee.

Before BARRETT and TACHA, Circuit Judges, and BOHANON, United States District Judge.

BARRETT, Circuit Judge.

This appeal from an Order on Contract Issues and from a Judgment on a Special Verdict entered by the District Court is brought by Bell Helicopter Textron, Inc. (Bell), the defendant below. Rocky Mountain Helicopters, Inc. (Rocky Mountain) and Southeastern Aviation, Inc. (Southeastern), plaintiffs below, cross appeal. This is a diversity action and Texas law, where applicable, controls.

In 1977, Rocky Mountain purchased a helicopter...

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