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COPELCO LEASING CORP. v. DIAGNOSTIC IMAGING SERVICES OF ST. TAMMANY, INC.

No. 88-3919.

891 F.2d 77 (1989)

COPELCO LEASING CORP., Plaintiff-Appellant, Cross-Appellee, v. DIAGNOSTIC IMAGING SERVICES OF ST. TAMMANY, INC., Defendant-Appellee, Cross-Appellant, and Charles E. Baier, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 1989.

Attorney(s) appearing for the Case

Marie Breaux Stroud, William R. Pitts, Richard E. Anderson, Liskow & Lewis, New Orleans, La., for plaintiff-appellant, cross-appellee.

Nathan T. Gisclair, Jr., A. Albert Ajubita, David W. O'Quinn, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, La., for defendant-appellee, cross-appellant.

Before CLARK, Chief Judge, GEE and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this breach of contract diversity case, lessees Diagnostic Imaging Services of St. Tammany, Inc. and Charles E. Baier, M.D., et al., appeal a grant of summary judgment holding that they breached their lease by failing to pay lease taxes. The lessor, Copelco Leasing Corporation, cross-appeals the district court's refusal to award it costs, interest and attorney's fees. Because the plain terms of the lease obligated the defendants to...

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