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BENCHMARK ELECTRONICS, INC. v. J.M. HUBER CORP.

No. 02-20655.

343 F.3d 719 (2003)

BENCHMARK ELECTRONICS, INC., Plaintiff-Appellant, v. J.M. HUBER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 20, 2003.

Attorney(s) appearing for the Case

Joe W. Redden, Jr. (argued), Robert David Daniel, Beck, Redden & Secrest, Houston, TX, for Plaintiff-Appellant.

D. Gibson Walton (argued), James D. Thompson, III, Penelope E. Nicholson, Daniel E. Hinde, Richard Dearing, Ara Ayles Hardig, Vinson & Elkins, Houston, TX, for Defendant-Appellee.

Before REAVLEY, JOLLY and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Benchmark Electronics, Inc. (Benchmark) sued J.M. Huber Corporation (Huber) after a Huber subsidiary that Benchmark purchased lost significant customers and experienced a catastrophic income decline. Benchmark alleged the breach of various contract provisions, fraud, and negligent misrepresentation. Responding to dispositive motions by the parties, the district court treated Huber's motion for judgment on the pleadings as a motion for...

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