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LUBRIZOL CORP. v. EXXON CORP.

No. 91-2514.

957 F.2d 1302 (1992)

The LUBRIZOL CORP., Plaintiff-Appellant, v. EXXON CORP., Charles R. Evans, Richard D. Lower, and GATES Data Center, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 29, 1992.

Attorney(s) appearing for the Case

Carol Vance, Bracewell & Patterson, Edward D. Vickery, Royston, Rayzor, Vickery & Williams, Houston, Tex., for plaintiff-appellant.

Richard B. Miller, Miller & Frankel, Houston, Tex., for Exxon.

Kenneth C. Johnson, Exxon Co., U.S.A., Houston, Tex., Charles A. Wright, Austin, Tex., for defendants-appellees.

Before POLITZ, Chief Judge, KING, and EMILIO M. GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 29, 1992.

PER CURIAM:

The Lubrizol Corporation ("Lubrizol") commenced this action for fraud against the Exxon Corporation ("Exxon"), two Exxon employees ("Evans" and "Lower"), and an entity called GATES Data Center on the grounds that defendants had mishandled confidential Lubrizol information. Exxon counterclaimed for litigation expenses incurred because of Lubrizol's breach of a covenant not to sue entered into...

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