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FISCHBACH & MOORE, INC. v. CAJUN ELEC. POWER CO-OP.

No. 85-3514.

799 F.2d 194 (1986)

FISCHBACH AND MOORE, INC., Plaintiff-Appellant, v. CAJUN ELECTRIC POWER COOPERATIVE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 31, 1986.

Attorney(s) appearing for the Case

Wickwire, Gavin & Gibbs, Jon M. Wickwire, David M. Latzko, Daniel E. Toomey, Vienna, Va., McCollister, McCleary, Fazio & Holliday, William C. Shockey, Baton Rouge, La., for plaintiff-appellant.

Michael R. Allweiss, Alan D. Ezkovich, New Orleans, La., for amicus.

Schwab & Walter, John W. Schwab, Baton Rouge, La., for defendants-appellees.

Before GEE, POLITZ and GARWOOD, Circuit Judges.

OPINION

POLITZ, Circuit Judge:

In this Louisiana diversity jurisdiction case, Fischbach and Moore, Inc. appeals an adverse summary judgment dismissing its claims against Cajun Electric Power Cooperative, Inc. and Burns & Roe, Inc. For the reasons assigned, we reverse and remand.

Facts

In 1981, Fischbach undertook to furnish the labor, material, and equipment required for certain electrical work on a coal-fired electrical generating...

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