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C & B SALES & SERVICE, INC. v. McDONALD

No. 95-30550.

95 F.3d 1308 (1996)

C & B SALES & SERVICE, INC., Plaintiff-Counter Defendant-Appellant-Cross-Appellee, v. Maxwell C. McDONALD, Jr., Defendant-Appellee, Cross-Appellant, v. Robert L. HUMPHREY, Compressor Operating, Inc., Defendants-Counter Claimants-Appellees. Compressor Components Corp.; Compression Components Corp., erroneously referred to as Compressor Components Corp., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1996.

Attorney(s) appearing for the Case

Steven G. Durio, Durio, McGoffin & Stagg, Lafayette, LA, Carter O. Bise, Floyd J. Logan, Logan & Bise, Gulfport, MS, William E. Logan, Jr., Gregory Jesse Logan, William E. Logan, Jr. & Associates, Lafayette, LA, for C & B Sales & Service, Inc.

James K. Irvin, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, Robert L. Cabes, Karen Theresa Bordelon, Milling, Benson, Woodward, Hillyer, Pierson & Miller, Lafayette, LA, for McDonald.

Kenneth M. Henke, Roy, Bivins, Judice & Henke, Lafayette, LA, Philip E. Roberts, Breaud & Lemoine, Lafayette, LA, for Humphrey, Compressor Operating, Inc., Compressor Components Corp. and Compression Components Corp.

Before JONES, SMITH and STEWART, Circuit Judges.

STEWART, Circuit Judge:

C & B Sales & Services, Inc., filed suit against Maxwell C. McDonald, Jr., Robert L. Humphrey, Compression Components Corporation ("CCC"), and Compressor Operating, Inc. ("COI"), for fraud and racketeering. C & B now comes charging that the district court erred in its judgment and award of damages. McDonald, on cross-appeal, challenges the district court's finding that he breached his fiduciary duty to C & B and also its award...

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