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DUNBAR MEDICAL SYSTEMS INC. v. GAMMEX INC.

No. 99-20274.

216 F.3d 441 (2000)

DUNBAR MEDICAL SYSTEMS, INC., Plaintiff-Counter Defendant-Appellee, v. GAMMEX INC., formerly known as Radiation Measurements Inc., Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 26, 2000.

Attorney(s) appearing for the Case

Barry Stuart Berger (argued), Berger & Valdez, Newton Boris Schwartz, Sr., Alfred Roland Valdez, Houston, TX, for Dunbar Medical Systems, Inc.

David Wallace Holman (argued), The Holman Law Firm, Benjamin Charles Wilson, Law Offices of Benjamin C. Wilson, Houston, TX, for Gammex Inc. fka Radiation Measurements Inc.

Before KING, Chief Judge, and REAVLEY and STEWART, Circuit Judges.

KING, Chief Judge:

Gammex Inc. appeals the district court's entry of judgment on Dunbar Medical Systems Inc.'s fraudulent inducement claim, arguing that two clauses in the parties' settlement agreement or Texas Rule of Civil Procedure 11 bar that claim. Gammex further contends that the court erred in finding that there was no intent to perform at the time the alleged misrepresentations were made, in awarding punitive damages...

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