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GLOBAL OCTANES TEXAS, L.P. v. BP EXPLORATION & OIL

No. 97-20588.

154 F.3d 518 (1998)

GLOBAL OCTANES TEXAS, L.P., Plaintiff-Appellant-Cross-Appellee, v. BP EXPLORATION & OIL INC., formerly known as BP Oil Company, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 9, 1998.

Attorney(s) appearing for the Case

H. Lee Godfrey, Eric Julian Mayer, Karen A. Oshman, Stuart J. Dow, Susman Godfrey, Houston, TX, for Plaintiff-Appellant-Cross-Appellee.

Ronald E. Cook, Robert M. Roach, Jr., Dulce M. Utset, Cook & Roach, LLP, Houston, TX, Mark Montgomery Pierce, BP America, Cleveland, OH, for Defendant-Appellee-Cross-Appellant.

Before REYNALDO G. GARZA, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a suit on a contract for the sale of a gasoline additive. The district court granted summary judgment for the seller, concluding that the buyer had no contractual right to terminate and had breached the contract in doing so. It then applied a provision of the contract to limit damages to $500,000. BP Exploration, the purchaser, urges that the district court erred in rejecting its right to terminate the contract. Global...

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