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PETULA ASSOCIATES, LTD. v. DOLCO PACKAGING CORP.

No. 99-11375.

240 F.3d 499 (2001)

PETULA ASSOCIATES, LTD., Plaintiff-Counter-Defendant-Appellant-Cross Appellee, v. DOLCO PACKAGING CORPORATION, Defendant-Counter-Claimant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2001.

Attorney(s) appearing for the Case

Raymond Edouard LaDriere, II (argued), Earl Arthur Berry, Jr., Thomas F. Loose, Locke, Liddell & Sapp, Dallas, TX, for Petula Associates, Ltd.

Mark C. Zauderer (argued), Colin Andrew Underwood, Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York City, Robert B. Cousins, Jr., Lawrence S. Fischman, Glast, Phillips & Murray, Dallas, TX, for Dolco Packaging Corp.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and POGUE, Judge.

POGUE, Judge:

Petula Associates, Ltd. ("Petula") appeals the district court's grant of final judgment and its grants of summary judgment in favor of Dolco Packaging Corporation ("Dolco"). Petula had filed suit in Texas state court, whereupon Dolco removed the case to the United States District Court for the Northern District of Texas, Dallas Division, asserting diversity jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441. The district court heard motions on...

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