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LUCKY-GOLDSTAR v. PHIBRO ENERGY INTERN.

No. 91-2919 Summary Calendar.

958 F.2d 58 (1992)

LUCKY-GOLDSTAR, INT'L (AMERICA) INC., Plaintiff-Appellee, v. PHIBRO ENERGY INTERNATIONAL, LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 1992.

Attorney(s) appearing for the Case

Thomas Gibbs Gee, Michael L. Samford, Baker & Botts, Clyde Leuchtag, Houston, Tex., for defendant-appellant.

Robert J. Filteau, John A. Sullivan, III, Filteau, Sullivan & Georgantas, Houston, Tex., for plaintiff-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Phibro Energy International appeals an adverse judgment in a bench trial of a suit for breach of contract for the sale of goods and their transport by sea filed by Lucky-Goldstar International, Ltd. Phibro contends that the district court erred in striking its demand for jury trial, because it had diversity jurisdiction, not maritime jurisdiction. We agree and reverse and remand for further proceedings.

I.

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