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NISSHO-IWAI CO. v. OCCIDENTAL CRUDE SALES, INC.

No. 86-2809.

848 F.2d 613 (1988)

NISSHO-IWAI CO., LTD., Plaintiff-Appellee, Cross-Appellant, v. OCCIDENTAL CRUDE SALES, INC., Defendant-Appellant, Cross-Appellee. Robert B. Weintraub, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Amending Order of August 1, 1988.

Attorney(s) appearing for the Case

Louis Nizer, Jay F. Gordon, Clark Steven Abrams, Nancy M. Frieden, New York City, Linda L. Addison, Jerry V. Walker, Houston, Tex., for Occidental.

Larry H. Mitchell, Washington, D.C., for intervenor-Robert B. Weintraub.

Robert A. Meadows, Wm. B. Allison, Gordon A. Holloway, Gayle M. Pearson, Sewell & Riggs, Houston, Tex., for Nissho-Iwai Co., Ltd.

Before CLARK, Chief Judge, JOLLY, Circuit Judge, and BARBOUR, Acting Chief District Judge.

CLARK, Chief Judge:

This may well be a case in which our effort to completely develop the issues misled rather than clarified the course of complex litigation. Whatever the cause, the fact remains that the district court misconstrued parts of the prior panel's mandate in this contract dispute between Nissho-Iwai Company (Nissho) and Occidental Crude Sales, Inc. (Occidental). To correct this error, we vacate the judgment notwithstanding the verdict and reinstate the...

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