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MAC SALES, INC. v. E.I. du PONT de NEMOURS & CO.

No. 93-3500.

24 F.3d 747 (1994)

MAC SALES, INC., et al., Plaintiffs, Kenneth P. Choina, Sr., Plaintiff-Appellant, v. E.I. du PONT de NEMOURS & COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 1994.

Attorney(s) appearing for the Case

Stephen C. Carleton, Jay Corenswet, Frank P. Simoneaux, III, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for appellant.

T. Patrick Baynham, Abbott & Meeks, New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, DAVIS and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Louisiana Civil Code article 2054 provides that "law, equity, or usage" is presumed to furnish the contractual terms when a contract is silent as to a particular situation. In the instant case, Defendant-Appellee E.I. du Pont de Nemours & Company ("du Pont") claimed — and the district court agreed — that under article 2054 Plaintiff-Appellant Kenneth Choina's ability to choose a garment fabricator should be restricted to those...

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