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SHELL OFFSHORE, INC. v. MARR

No. 90-3040.

916 F.2d 1040 (1990)

SHELL OFFSHORE, INC., Plaintiff-Appellant, v. M.H. MARR, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 1990.

Attorney(s) appearing for the Case

Judith Y. Robertson, John T. McMahon, New Orleans, La., for plaintiff-appellant.

David B. Klotz, Bodenheimer, Jones, Klotz & Simmons, Shreveport, La., Evan Marr Fogelman, Dallas, Tex., for defendant-appellee.

Before REAVLEY, DUHE and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant, Shell Offshore Inc. ("Shell") appeals the district court's grant of summary judgment in favor of Defendant-Appellee, M.H. Marr ("Marr") in Shell's diversity jurisdiction suit for a money judgment. Shell's claim against Marr is based on his purported anticipatory breach of a written loan agreement between the parties. We reverse the district court's determination that a provision in the subject agreement to the effect that...

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