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LUBRIZOL CORP. v. EXXON CORP.

No. 88-2086.

871 F.2d 1279 (1989)

The LUBRIZOL CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. EXXON CORPORATION, Defendant-Appellee, Cross-Appellant, Charles R. Evans, Richard D. Lower, and GATES Data Center, a joint venture, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 4, 1989.

Attorney(s) appearing for the Case

Erwin N. Griswold, Washington, D.C., Carol Vance, Houston, Tex., Barry L. Springel, James C. Sennett, Jones, Day, Reavis & Pogue, Cleveland, Ohio, Joseph W. Bauer, The Lubrizol Corp., Wickliffe, Ohio, for plaintiff-appellant, cross-appellee.

J. Donald Bowen, Houston, Tex., for Evans and Lower.

Charles Alan Wright, Austin, Tex., Richard Miller, W. Robert Brown, K.C. Johnson, John M. Baumann, Jr., Grace C. Yeh, Lynn M. Klafehn, Houston, Tex., for Exxon Corp. and Gates Data Center.

Before THORNBERRY, KING, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Lubrizol commenced this diversity action for fraud against its occasional nemesis Exxon, two Exxon employees and an entity called GATES Data Center because it believed that confidential Lubrizol information had been mis-handled by the defendants. Defendants' fraud was alleged to be contained in affidavits and statements made during the pendency of litigation between Lubrizol and Exxon in New Jersey federal district court. We...

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