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DIAMOND OFFSHORE CO. v. A&B BUILDERS, INC.

No. 01-40366.

302 F.3d 531 (2002)

DIAMOND OFFSHORE COMPANY; Diamond Offshore USA, Inc.; Diamond Offshore Drilling, Inc.; Diamond Offshore Drilling Services, Inc., Plaintiffs-Counter Defendants-Appellants-Cross-Appellees, v. A&B BUILDERS, INC., Defendant-Counter Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 2, 2002.

Attorney(s) appearing for the Case

Kenneth Ross Citti, Citti & Crinion, Houston, TX, William Scott Hastings (argued), Locke, Liddell & Sapp, Dallas, TX, for Plaintiffs-Counter Defendants-Appellants-Cross-Appellees.

Richard C. Rutledge, III (argued), Drucker, Rutledge, Ward & Smith, The Woodlands, TX, for A&B Builders, Inc.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Diamond Offshore Company, Diamond Offshore U.S.A. Inc., Diamond Offshore Drilling, Inc., and Diamond Offshore Drilling Services, Inc. (collectively "Diamond") appeal the district court's entry of final judgment dismissing Diamond's suit without considering Diamond's breach of contract claim. A&B Builders, Inc. ("A&B") cross-appeals the district court's order granting partial summary judgment in favor of Diamond. For the reasons...

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