TAITA CHEMICAL CO., LTD. v. WESTLAKE STYRENE, LP

No. 02-30622.

351 F.3d 663 (2003)

TAITA CHEMICAL COMPANY, LTD., Plaintiff-Counter Defendant-Appellant, v. WESTLAKE STYRENE, LP, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 20, 2003.


Attorney(s) appearing for the Case

Donald B. Ayer (argued), Charles Richard Allan Morse, Sandra Kaczmarczyk, Mark Christopher Cawley, Jones Day, Washington, DC, John S. Bradford, William Boyce Monk, William Edward Shaddock, Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, LA, for Taita Chemical Co., Ltd.

Robert E. Landry (argued), Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, Grant J. Harvey, Gibbs & Bruns, Houston, TX, for Westlake Styrene Corp.

Before HIGGINBOTHAM, STEWART and PRADO, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Taita Chemical Company sued Westlake Styrene for breach of contract, arguing that Westlake failed to sell Taita styrene monomer at a lower price to which Taita was entitled under the contract. Westlake asserted affirmative defenses, including the aiding and abetting of a breach of fiduciary duty and fraud. Westlake also pled aiding and abetting breach of fiduciary duty and fraud as counterclaims. The jury found that Taita aided...

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