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JAMES v. NICO ENERGY CORP.

No. 86-1349.

838 F.2d 1365 (1988)

Quincy A. JAMES, Individually and As Administrator for Lott and James Self-Employment Profit Sharing Plan, Plaintiff-Appellant, Cross-Appellee, v. NICO ENERGY CORP., et al., Defendant-Appellees, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

March 7, 1988.

Attorney(s) appearing for the Case

Charles D. Cole, Jr., Newman, Schlau, Fitch & Burns, New York City, Guy C. Fisher, Austin, Tex., Newton Schwartz, Houston, Tex., for James.

William J. Albright, A. Erin Dwyer, Ernest E. Figari, Jr., Johnson & Swanson, Dallas, Tex., for Nico Energy Corp., et al.

Before BROWN, POLITZ and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Based upon his belated interpretation of an option letter included in an oil investment offering in which he was participating, and in which he made a profit in excess of $1.5 million, the plaintiff, Quincy A. James, complains that Nico excluded him from investing in additional oil wells to which the option letter entitled him. James brought suit against Nico in federal district court, alleging, inter alia, breaches of contract and fiduciary...

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