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AXELSON, INC. v. McEVOY-WILLIS

No. 91-4073 Summary Calendar.

7 F.3d 1230 (1993)

AXELSON, INC., Plaintiff-Appellee, v. McEVOY-WILLIS, A DIVISION OF SMITH INTERNATIONAL (NORTH SEA), LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 29, 1993.

Attorney(s) appearing for the Case

Mike A. Hatchell, Gregory D. Smith, Tracy Crawford, Ramey & Flock, P.C., Tyler, TX, for appellant.

Sidney Powell, Jeffrey S. Osgood, Mark M. Donheiser, Strasburger & Price, Dallas, TX, for appellee.

Before DAVIS, JONES, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

This case presents classic battle-of-the-forms questions.1 We must determine which of various writings, if any, was an offer, which an acceptance, and the final terms of the perfected contract. Understanding how the parties arrived at a contract must turn on an examination of the parties' negotiations and conduct. We affirm, holding that the parties concluded a contract...

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