Rogerson Aircraft Corp. v. Fairchild Industries, Inc.

Good Law
632 F. Supp. 1494·1 U.C.C. Rep. Serv. 2d (West) 1512·1986 U.S. Dist. LEXIS 26568
United States District Court, Central District of CaliforniaApril 17, 1986CV 83-6124-AAH (TX)California8,448 words

Opinion

Opinion

Hauk, J.

MEMORANDUM OP DECISION AND ORDER OF JUDGMENT FOR PLAINTIFF

1. PRELIMINARY STATEMENT

This matter is an action for damages brought by Rogerson Aircraft Corporation (Rogerson), a California corporation with its principal place of business in Irvine, California, against Fairchild Industries, Inc. (Fairchild), a Maryland corporation with its principal place of business in Germantown, Maryland, charging that a putative termination for default of an aircraft parts manufacturing contract for engine de-icing equipment between Rogerson as supplier and Fairchild as buyer was improper and therefore constituted a breach of contract. Federal jurisdiction is founded on diversity of citizenship, 28 U.S.C. § 1332 (1985).

On or about January 25, 1980, Fairchild and Saab-Scania AB (Saab), a Swedish manufacturing company, entered into a joint venture agreement to develop, manufacture and market a passenger aircraft known as the SF-340. As part of its joint venture undertaking, Fairchild entered into an agreement with Rogerson on August 7, 1981 (August 7 Agreement) under which Rogerson was to supply certain SF-340 equipment unrelated to this action.

In November, 1981, pursuant to a Fair-child…

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