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LINDY INVESTMENTS, LP v. SHAKERTOWN CORP.

No. 98-30971.

209 F.3d 802 (2000)

LINDY INVESTMENTS, LP, Etc.; et al.; Plaintiffs, Lindy Investments III, a Louisiana Limited Partnership; Magnolia Creek Apartments, a Louisiana Partnership, Plaintiffs-Appellants-Cross-Appellees, Magnolia Creek, Louisiana Limited Corp., Appellant-Cross-Appellee, v. SHAKERTOWN CORPORATION; et al., Defendants, Shakertown 1992 Inc.; Commerce and Industry Insurance Co. of Canada, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

May 2, 2000.

Attorney(s) appearing for the Case

Howard L. Murphy (argued), Victor John Franckiewicz, Jr. (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, for Lindy Investments III, Magnolia Creek Apartments and Magnolia Creek.

J. Warren Gardner, Jr., (argued), Kevin Richard Tully, Christovich & Kearney, New Orleans, LA, for Shakertown 1992, Inc.

William H. Syll, Jr., Eavelyn T. Brooks (argued), Bastian & Brooks, New Orleans, LA, for Commerce and Industry Ins. Co. of Canada.

Before KING, Chief Judge, and DUHÉ and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

In this redhibition case arising under Louisiana law, Lindy Investments III, Magnolia Creek Apartments, and Magnolia Creek (collectively "Appellants") challenge the district court's order predicating the execution of the Appellants' judgment upon return of defective siding to the manufacturer, Shakertown 1992, Inc. ("Shakertown"). Additionally, Appellants contest the district court's refusal to award "litigation-related expenses" to Appellants...

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