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AMERISTAR JET CHARTER v. SIGNAL COMPOSITES

No. 00-11270.

271 F.3d 624 (2001)

AMERISTAR JET CHARTER, INC., Plaintiff-Counter Defendant-Appellee, v. SIGNAL COMPOSITES, INC., etc.; et al., Defendants, Signal Composites, Inc. d/b/a Signal Aerospace, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 13, 2001.

Attorney(s) appearing for the Case

Craig Alan Morgan (argued), Brown, McCarroll & Oaks, Hartline, Kurt Howard Kuhn, Asst. Sol. Gen., Austin, TX, for Ameristar Jet Charter, Inc.

Lawrence C. Ecoff (argued), Jeffrey F. Gersh, Zimmerman, Rosenfeld, Gersh & Leeds, Beverly Hills, CA, James Daniel Petruzzi, Mason & Petruzzi, Dallas, TX, for Signal Composites, Inc.

Before GARWOOD and WIENER, Circuit Judges, and CLEMENT, District Judge.

CLEMENT, District Judge:

Defendant Signal Composites, Inc. d/b/a Signal Aerospace ("Signal") appeals the district court's grant of partial summary judgment in favor of Ameristar Jet Charter, Inc. ("Ameristar") on Ameristar's breach of warranty claim. Because several issues of material fact exist, we reverse the district court's decision and remand for further proceedings consistent with this opinion.

I.

FACTS AND PROCEEDINGS

Ameristar is...

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