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UNITED INDUSTRIES, INC. v. SIMON-HARTLEY, LTD.

No. 95-30898.

91 F.3d 762 (1996)

UNITED INDUSTRIES, INC., Plaintiff-Appellant, v. SIMON-HARTLEY, LTD., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1996.

Attorney(s) appearing for the Case

John Dallas Whitler, Bethesda, MO, William David Kiesel, Roy, Kiesel & Tucker, Baton Rouge, LA, for plaintiff-appellant.

Claude F. Reynaud, Jr., Christine J. Lipsey, James Rodney Chastain, Jr., Breazeale, Sachse & Wilson, Baton Rouge, LA, for defendant-appellee.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

United Industries, Inc. ("United") appeals from a denial of attorneys' fees. Because United failed to comply with the procedural requirements for making such a fee request, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In May 1989, United sued appellee Simon-Hartley, Ltd. seeking reformation of a license agreement. The license agreement included a choice of law provision that "this agreement shall be interpreted and the rights...

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