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FARMLAND INDUSTRIES, INC. v. ANDREWS TRANSPORT CO.

No. 88-1946.

888 F.2d 1066 (1989)

FARMLAND INDUSTRIES, INC., Plaintiff-Appellant, v. ANDREWS TRANSPORT CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 24, 1989.

Attorney(s) appearing for the Case

Donald M. Hunt, Carr, Evans, Fouts, & Hunt, Lubbock, Tex., for plaintiff-appellant.

Joseph W. Spence, Gandy, Michener, Swindle, Whitaker & Pratt, Fort Worth, Tex., for defendant-appellee.

Before JOHNSON, WILLIAMS and GARWOOD, Circuit Judges.

JOHNSON, Circuit Judge:

Farmland Industries appeals the district court's judgment allowing recovery for only one of two lost loads of fuel under a theory of conversion, awarding prejudgment interest at the rate of 8.32 percent and disallowing the recovery of attorney's fees by Farmland. For the reasons cited herein, we reform the judgment to allow Farmland to recover under a breach of contract theory for both loads of fuel...

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