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TRIAD ELEC. & CONTROLS v. POWER SYS. ENGINEERING

No. 94-20783.

117 F.3d 180 (1997)

TRIAD ELECTRIC & CONTROLS, INC., Plaintiff/Counter-Defendant Appellant/Cross-Appellee, v. POWER SYSTEMS ENGINEERING, INC., et al., Defendants, Power Systems Engineering, Inc.; Century Contractors West, Inc.; Employers Insurance of Wausau, Inc., Defendants/Counter-Claimants Appellees/Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 29, 1997.

Attorney(s) appearing for the Case

Fredrick R. Tulley, Kathleen Campbell Mason, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, Russell Barry Starbird, Gibbs and Bruns, Houston, TX, for Triad Elec. Controls, Inc.

Harold K. Watson, Gregory F. Burch, Liddell, Sapp, Zivley, Hill & LaBoon, Houston, TX, for Power Systems Engineering, Inc.

John R. Dingess, Richard F. Paciaroni, Kirkpatrick & Lockhart, Pittsburgh, PA, for Century Contractors West, Inc.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The primary issues arising out of this Texas diversity action, concerning a construction contract dispute tried to the district court, are whether the court reversibly erred first, by allowing, after close of the evidence, the addition of a fraud counterclaim, and second, by then ruling in favor of that new claim, including awarding punitive damages of $3 million, without allowing the counterclaim defendant, Triad Electric ...

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