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GALIN CORP. v. MCI TELECOMMUNICATIONS CORP.

No. 92-2649.

12 F.3d 465 (1994)

GALIN CORPORATION and Petropak, Inc., Plaintiffs-Appellants, v. MCI TELECOMMUNICATIONS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied February 16, 1994.

Attorney(s) appearing for the Case

Cynthia T. Sheppard, Houston, Marek & Griffin, Victoria, TX, for plaintiffs-appellants.

C. Charles Dippel, Charles R. Huber, Jr., Houston, TX, John C. Meinrath, MCI Telecommunications, Sr. Atty., Richardson, TX, for defendant-appellee.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 16, 1994.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a diversity suit for breach of a construction contract. The district court granted judgment denying relief to plaintiffs at the outset of trial, but without allowing the parties to present evidence to the jury. We agree with the district court that plaintiffs' claims are barred by the terms of the release and notice of claim provisions of...

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