MORRIS v. HOMCO INTERN., INC.

No. 87-3709.

853 F.2d 337 (1988)

J.B.N. MORRIS, Plaintiff-Appellee, Cross-Appellant, v. HOMCO INTERNATIONAL, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 25, 1988.


Attorney(s) appearing for the Case

Nathalie M. Walker, Ewell E. Eagan, New Orleans, La., for defendant-appellant, cross-appellee.

Michael H. Piper, III, Metairie, La., for plaintiff-appellee, cross-appellant.

Before RUBIN, GARZA, and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The seller of a business seeks to collect a payment due him under the terms of a non-competition agreement executed in conjunction with the sale. Alleging breach of the agreement by the seller, the buyer seeks to avoid the payment and, by counterclaim, to collect damages sustained as a result of the breach. Applying Louisiana law in this diversity-jurisdiction suit, we affirm the district court's holding that the seller violated the...

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