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SOUTHERN CONSTRUCTORS GROUP v. DYNALECTRIC CO.

No. 93-3252. Summary Calendar.

2 F.3d 606 (1993)

SOUTHERN CONSTRUCTORS GROUP, INC., Plaintiff-Appellant, v. DYNALECTRIC COMPANY, Defendant-Third Party Plaintiff-Appellee, v. Allen R. BOUDREAUX, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 27, 1993.

Attorney(s) appearing for the Case

Henry D.H. Olinde, Jr., Baton Rouge, LA, for appellant.

Howard Earl Sinor, Jr., Thomas A. Casey, Jr., Jones Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, LA, Joni M. Parent, Metairie, LA, for appellee.

Before: JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.

WIENER, Circuit Judge:

This case illustrates the preclusive consequences flowing from failure to provide proper notice of a possible theory of recovery. Plaintiff-Appellant Southern Constructors Group, Inc. ("Southern") sued Defendant-Appellee Dynalectric Company under various claims that were all predicated on the existence of a contract. The case was eventually submitted to arbitration. After receiving notice that the arbitration panel had failed to find a contract...

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