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NAURU PHOSPHATE ROYALTIES v. DRAGO DAIC INTERESTS

No. 97-20279.

138 F.3d 160 (1998)

NAURU PHOSPHATE ROYALTIES, INCORPORATED, (Texas), Plaintiff-Appellee, v. DRAGO DAIC INTERESTS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 29, 1998.

Attorney(s) appearing for the Case

Stephen K. Carroll, Joy M. Soloway, Fulbright & Jaworski, Houston, TX, for Plaintiff-Appellee.

John W. Berkel, Houston, TX, for Defendant-Appellant.

David Michael Gunn, Holman, Hogan, Dubose & Townsend, Houston, TX, for Montgomery 666, Ltd. and Drago Daic Interests, Inc., Amici Curiae.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and WALTER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 29, 1998.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Drago Daic Interests, Inc. appeals a district court order confirming the award granted to Nauru Phosphate Royalties (Texas), Inc. in an arbitration proceeding. The arbitration panel determined that DDI materially breached the Development Agreement between Nauru and DDI and held the beneficiaries of the agreement, Drago Daic, Trustee, and Montgomery...

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