SOUTHWESTERN ENGINEERING CO. v. CAJUN ELEC. POWER CO-OP. INC.

No. 89-3813.

915 F.2d 972 (1990)

SOUTHWESTERN ENGINEERING COMPANY, Plaintiff-Appellee, Cross-Appellant, v. CAJUN ELECTRIC POWER COOPERATIVE, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1990.


Attorney(s) appearing for the Case

John Schwab, William E. Hodgkins, Schwab & Walter, Baton Rouge, La., for defendant-appellant cross-appellee.

Davis B. Allgood, Leon Gary, Jr., Gary, Field, Landry & Dornier, Baton Rouge, La., for plaintiff-appellee cross-appellant.

Before THORNBERRY, GEE, and SMITH, Circuit Judges.


THORNBERRY, Circuit Judge:

An engineering company entered into two contracts to design and manufacture power plant components for a utility company. This appeal presents the question whether the contracts allowed the engineering company to recover unabsorbed overhead costs caused by the utility company's suspension and ultimate termination of the contracts. It also presents the question whether the engineering company was entitled to recover the full contract price...

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