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GREAT PLAINS EQUIP. v. KOCH GATHERING SYSTEMS

No. 93-9069.

45 F.3d 962 (1995)

GREAT PLAINS EQUIPMENT, INC., Plaintiff-Appellee, v. KOCH GATHERING SYSTEMS, INC., Defendant-Appellant. GREAT PLAINS PIPELINE CONSTRUCTION, INC., Plaintiff-Counter Defendant-Appellee, v. KOCH GATHERING SYSTEMS, INC., Defendant-Counter Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1995.

Attorney(s) appearing for the Case

David H. Luce, Tom Loftus, Wichita, KS, John P. LeVick, Jones, Flygare, Galey, Brown & Wharton, Lubbock, TX, for appellant.

Nolan Greak, Clifford, Field, Krier, Manning, Greak & Stone, P.C., Cecil Kuhne, Layton Zant Woodul, Sr., Crenshaw, Dupree & Milam, L.L.P., Lubbock, TX, for appellee.

Before HIGGINBOTHAM, SMITH and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge.

This case originated from two cases filed in Texas state court. Appellee Great Plains Equipment (GPE) filed suit against Appellant Koch Gathering Systems, Inc. (Koch) seeking damages for the destruction of two pieces of construction equipment based on theories of negligence. Appellee Great Plains Pipeline Construction, Inc. (GPP) filed the other case against Koch seeking damages for breach of contract. Koch removed both cases to federal...

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