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GULF STATES UTILITIES CO. v. ECODYNE CORP.

No. 79-3342.

635 F.2d 517 (1981)

GULF STATES UTILITIES COMPANY, Plaintiff-Appellant, v. ECODYNE CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

January 30, 1981.

Attorney(s) appearing for the Case

Stockwell, Sievert, Viccellio, Clements & Shaddock, Robert W. Clements, Lake Charles, La., for plaintiff-appellant.

Scofield, Bergstedt & Gerard, Lake Charles, La., for Ecodyne Corp.

Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, Clarence A. Frost, New Orleans, La., for Lloyd's of London.

Before COLEMAN, Chief Judge, CHARLES CLARK and REAVLEY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

In this action tried to the court seeking damages for defective design and faulty selection of materials, the district court excluded evidence regarding failures and material defects related to similar design work and material procurement by the defendant. We vacate the judgment of the district court.

Pursuant to a contract, Ecodyne Corporation, supplied design services and materials...

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