EXXON CORP. v. FOSTER WHEELER CORP.

No. 2000 CA 2093.

805 So.2d 432 (2001)

EXXON CORPORATION v. FOSTER WHEELER CORPORATION, Texas Pipe Bending Inc., Tube Turns Technology Inc., ABC Insurance Companies, and XYZ Insurance Companies.

Court of Appeal of Louisiana, First Circuit.

December 28, 2001.


Attorney(s) appearing for the Case

Charles S. McCowan, Jr., L. Victor Gregoire, Donna V. Yelverton, William V. Courtney, Belinda B. Clary, John R. Tharp, Baton Rouge, for Plaintiff—Appellant Exxon Mobil Corporation.

Thos. W. Davenport, Jr., M. Shane Craighead, Monroe, for Defendant—Appellee Foster Wheeler Corporation.

Before: FOGG, FITZSIMMONS, and KLINE, JJ.


FOGG, J.

By this appeal, Exxon Mobile Corporation (Exxon) contests a judgment sustaining an exception of peremption pursuant to LSA-R.S. 9:2772 and dismissing Foster Wheeler Corporation from its suit for damages. For the following reasons, we affirm.

In 1962, Foster Wheeler Corporation entered into a contract with Humble Oil, a predecessor of Exxon, to build a multiproduct manufacturing facility in Baton Rouge, Louisiana (the East Coker facility), provide...

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