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ILLINOIS CENT. GULF R. CO. v. R.R. LAND, INC.

No. 92-3119.

988 F.2d 1397 (1993)

ILLINOIS CENTRAL GULF RAILROAD COMPANY, Plaintiff-Appellee, v. R.R. LAND, INC. and Richard S. Blossman Family Revocable Trust, Defendants-Appellants. R.R. LAND, INC. and Ruhl, Inc., Plaintiffs-Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 12, 1993.

Attorney(s) appearing for the Case

Robert E. Arceneaux, Mark E. Barham, Anita M. Warner, Barham & Markle, New Orleans, LA, for defendants-appellants.

Patrice W. Oppenheim, Frank A. Diccolo, Lawrence Emerson Abbott, Abbott, Best & Meeks, New Orleans, LA, for plaintiff-appellee.

Before WILLIAMS, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

The pivotal issue before us concerns the district court's grant of reformation in favor of Illinois Central Gulf Railroad Company (IC). Because we conclude that the contractual negligence defense does not bar reformation where mutual mistake has been pleaded and proved, and that the district court did not clearly err in finding both clear proof of an antecedent agreement and clear and convincing evidence of mutual mistake in reducing that...

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