CARBONTEK TRADING CO., LTD. v. PHIBRO ENERGY, INC.

No. 89-3736.

910 F.2d 302 (1990)

CARBONTEK TRADING CO., LTD. and Kermit A. Rosenberg, Plaintiffs-Appellees, v. PHIBRO ENERGY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 6, 1990.


Attorney(s) appearing for the Case

James B. Kemp, Jr., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., Luther T. Munford, Joseph A. Ziemianski, Phelps, Dunbar, Marks, Claverie & Sims, Jackson, Miss., for defendant-appellant.

Ralph E. Smith, Deutsch, Kerrigan & Stiles, New Orleans, La., for plaintiffs-appellees.

Before THORNBERRY, JOHNSON, and SMITH, Circuit Judges.


THORNBERRY, Circuit Judge:

This appeal involves a dispute over the amount of damages a seller, Carbontek Trading Company, Ltd. ("Carbontek"), owes to a buyer, Phibro Energy, Inc. ("Phibro"), as a consequence of Carbontek's delivery of a shipment of coal that did not conform to contract specifications. We find that the district court erred in holding Carbontek liable for less than the full amount of damages suffered by Phibro and in denying recovery to Phibro for delay...

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