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JUSTISS OIL CO. v. KERR-McGEE REFINING CORP.

No. 94-41310.

75 F.3d 1057 (1996)

JUSTISS OIL COMPANY, INC., Plaintiff/Cross-Defendant/Appellant, v. KERR-McGEE REFINING CORPORATION, Defendant/Counter-Claimant/Appellee.

United States Court of Appeals, Fifth Circuit.

February 28, 1996.

Attorney(s) appearing for the Case

Donald R. Wilson, Gaharan & Wilson, Jena, LA, Joseph Wilson, Thompson and Knight, Dallas, TX, for Justiss Oil Co., Inc., plaintiff-counter defendant-appellant.

Robert A. Vosbein, New Orleans, LA, Eugene Gregg Barrios, Adams & Reese, New Orleans, LA, Deborah B. Rouen, New Orleans, LA, for Kerr-McGee Refining Corp., defendant-counter claimant-appellee.

Before JOLLY, DUHÉ and DENNIS, Circuit Judges.

DUHÉ, Circuit Judge:

Kerr-McGee Refining Corporation ("Kerr-McGee") owns and operates an oil refinery in Cotton Valley, Louisiana. In early 1990, the aluminum floating roof of a crude oil storage tank ("Tank 29") at the Cotton Valley refinery collapsed.1 Kerr-McGee contacted Baker Tank Company, a division of Justiss Oil Company, Inc. ("Justiss"), and solicited a bid for the manufacture and installation of a new floating roof. In response...

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