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EXXON CO. v. BANQUE DE PARIS ET DES PAYS-BAS

No. 87-2007.

867 F.2d 1524 (1989)

EXXON COMPANY, U.S.A., A DIVISION OF EXXON CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. BANQUE de PARIS et des PAYS-BAS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 1989.

Attorney(s) appearing for the Case

Hayden Burns, Constance Barnes, Butler & Binnion, Houston Tex., for defendant-appellant cross-appellee.

Stanley Godofsky, Donald F. Luke, Kenneth Lehr Miller, Rogers & Wells, New York City, Michael F. Crotty, Associate General Counsel, American Bankers Ass'n, Washington, D.C., for amicus, American Bankers Ass'n.

Rufus Wallingford, Tom A. Cunningham, Fulbright & Jaworski, Houston, Tex., Keith A. Jones, Fulbright & Jaworski, Washington, D.C., for plaintiff-appellee cross appellant.

Before RUBIN, GARZA, and JOLLY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

On remand, the Supreme Court of the United States has directed us to consider Kerr Construction Co. v. Plains National Bank1 and, taking that decision into account, to reconsider our prior opinion.2 Because these cases raise an important issue of Texas state law left unsettled by Kerr, a case which may or may not control the outcome of Exxon, we, as a court...

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