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HCI CHEMICALS (USA), INC. v. HENKEL KGaA

No. 91-2604.

966 F.2d 1018 (1992)

HCI CHEMICALS (USA), INC., Plaintiff-Appellee, v. HENKEL KGaA, Defendant-Third Party Plaintiff-Appellant, v. EMPRESA NAVIERA SANTA, S.A., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1992.

Attorney(s) appearing for the Case

Anthony J. Sadberry, Rick L. Oldenettel, Houston, Tex., for defendant-third party plaintiff-appellant.

Andrew F. Spalding, Charlotte C. Orr, Bracewell & Patterson, Houston, Tex., for HCI Chemical.

John F. Unger, Royston, Rayzor, Vickery & Williams, Houston, Tex., for Empresa.

Before KING, JOHNSON, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant, Henkel KGaA ("Henkel"), appeals the district court's award of $592,755.70 in damages plus attorney's fees to HCI Chemicals (U.S.A.), Inc. ("HCI") for breach of contract. The district court found that Henkel supplied HCI with non-conforming goods and that, following its first opportunity to inspect them, HCI properly rejected the goods. We conclude that HCI did not effectively reject...

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