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

Nos. 82-2308, 82-2471.

729 F.2d 1530 (1984)

NISSHO-IWAI CO., LTD., Plaintiff-Appellee, v. OCCIDENTAL CRUDE SALES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 1984.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, Louis Nizer, Paul Martinson, New York City, for defendant-appellant.

Sewell & Riggs, Gordon A. Holloway, Robert E. Meadows, Wm. B. Allison, Houston, Tex., for plaintiff-appellee.

Before CHARLES CLARK, Chief Judge, and GOLDBERG and POLITZ, Circuit Judges.

GOLDBERG, Circuit Judge:

This diversity action involves a contract dispute between the Nissho-Iwai Company, Ltd. ("Nissho") and Occidental Crude Sales, Inc. ("Occidental"). Occidental appeals from a jury verdict awarding Nissho contract damages and fraud damages arising from Occidental's failure to perform a crude oil agreement. We hold that there was no reversible error in the finding that Occidental was liable for breach of contract. We reverse the damage award...

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