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MOBIL EXPLORATION v. CAJUN CONST. SERVICES

No. 93-5552.

45 F.3d 96 (1995)

MOBIL EXPLORATION AND PRODUCING U.S., INC., Plaintiff-Appellant, v. CAJUN CONSTRUCTION SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1995.

Attorney(s) appearing for the Case

Patrick W. Gray, George Arceneaux III, Liskow & Lewis, Lafayette, LA, for appellant.

J. Minos Simon, Lafayette, LA, for appellee.

Before REYNALDO G. GARZA, WIENER, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Mobil Exploration and Producing U.S., Inc. ("Mobil"), sued Cajun Construction Services, Inc. ("Cajun"), to recover money paid to Cajun for deliveries of limestone, alleging that Cajun had short-loaded those deliveries. After a bench trial, the district court found in favor of Cajun and dismissed Mobil's suit with prejudice. Mobil appeals the judgment, and we reverse and remand.

I

For seven years, Cajun supplied Mobil...

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