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EASTERN ENERGY, INC. v. UNICO OIL & GAS, INC.

No. 88-1105 Summary Calendar.

861 F.2d 1379 (1988)

EASTERN ENERGY, INC. and Eastern Securities, Inc., Plaintiffs-Appellants, v. UNICO OIL & GAS, INC., et al., Defendants, SBY Partnership and Edsel Burkhart, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 27, 1988.

Attorney(s) appearing for the Case

Morris C. Gore, Dallas, Tex., for plaintiffs-appellants.

J. Truscott Jones, Dallas, Tex., for SBY Prtn. & Burkhardt.

Before GEE, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

GEE, Circuit Judge:

Eastern Energy, Inc., and its sister corporation, Eastern Securities Inc., (collectively Eastern) appeal from a district court judgment dismissing, with prejudice, their claims against Appellees. We find the Appellee failed to show that the settlement agreement constituted an accord and satisfaction and thus the district court erred in dismissing Eastern's claims with prejudice. The judgment of the district court is, therefore, modified to dismiss...

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