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FOURCHON DOCKS, INC. v. MILCHEM INC.

No. 87-3342.

849 F.2d 1561 (1988)

FOURCHON DOCKS, INC., Plaintiff-Appellee Cross-Appellant, v. MILCHEM INCORPORATED and Milpark, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1988.

Attorney(s) appearing for the Case

Donald B. Ensenat, Catherine Maureen Blackburn, New Orleans, La., for defendant-appellant, cross-appellee.

Bernard L. Knobloch, Jr., F. Smith Knobloch, Thibodaux, La., for plaintiff-appellee, cross-appellant.

L. Charles Caillouet, Stephen E. Caillouet, Thibodaux, La., for Caillouet Land Corp.

Before WISDOM, GEE, and JONES, Circuit Judges:

EDITH H. JONES, Circuit Judge:

This diversity case involves the breach of an anti-sublease provision in a Louisiana property lease. The district court awarded the accelerated rent as damages for breach, but fixed attorneys' fees considerably less than would have been provided by the lease. Both sides appeal.

BACKGROUND

In 1981, a lease on an unimproved tract of land in LaFourche Parish, Louisiana between Caillouet, Inc., ("Caillouet") as lessor,...

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