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DANIEL INTERN. CORP. v. FISCHBACH & MOORE, INC.

No. 89-6102.

916 F.2d 1061 (1990)

DANIEL INTERNATIONAL CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. FISCHBACH & MOORE, INC., et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 14, 1990.

Attorney(s) appearing for the Case

Daniel J. Davis, Keith C. Zagar, Dallas, Tex., for defendants-appellants, cross-appellees.

Jesse C. Belcher, Thomas C. Coker, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, S.C., Mike Hatchell, Ramey, Flock, Hutchins, McClendon & Crawford, PC, Tracy Crawford, Ramey, Flock, Hutchins, McClendon & Crawford PC, Tyler, Tex., for plaintiff-appellee, cross-appellant.

Before CLARK, Chief Judge, REAVLEY and KING, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 14, 1990.

CLARK, Chief Judge:

These appeals come from a judgment in a diversity-based contract action which was tried to the court. Finding that the district court abused its discretion in striking this matter from its jury calendar shortly before trial commenced, we vacate the judgment and remand for trial to a jury. Because the issue is one of law likely to recur upon retrial, we also hold that the contractually...

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