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DURA-WOOD TREATING v. CENTURY FOREST INDUSTRIES

No. 81-2041.

675 F.2d 745 (1982)

DURA-WOOD TREATING COMPANY, Division of Roy O. Martin Lumber Company, Inc., Plaintiff-Appellee Cross-Appellant, v. CENTURY FOREST INDUSTRIES, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1982.

Attorney(s) appearing for the Case

Zelesdey, Cornelius, Rogers, Hallmark & Hicks, James R. Cornelius, Jr., Robert L. Flournoy, Lufkin, Tex., for defendant-appellant, cross-appellee.

George T. Allison, III, Longview, Tex., for plaintiff-appellee, cross-appellant.

Before WISDOM, SAM D. JOHNSON and WILLIAMS, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

Plaintiff — Dura-Wood Treating Company, a division of Roy O. Martin Lumber Co., Inc. (Dura-Wood) — brought suit against defendant, Century Forest Industries, Inc. (Century Forest), alleging a breach of contract. The court had jurisdiction by virtue of diversity of citizenship. The district court, holding the parties had entered into a legally binding contract, determined that Century Forest breached the contract and

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