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KANE ENTERPRISES v. MACGREGOR (USA) INC.

No. 02-30432.

322 F.3d 371 (2003)

KANE ENTERPRISES, Plaintiff-Appellant, v. MacGREGOR (USA) INC., et al., Defendants, MacGregor (USA) Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 27, 2003.

Attorney(s) appearing for the Case

Simeon B. Reimonenq, Jr., Stewart F. Peck, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Plaintiff-Appellant.

Joseph N. Mole, Michael H. Pinkerton, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendant-Appellee.

Before SMITH, WIENER, and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Kane Enterprises ("Kane"), a commercial barge operator, appeals the dismissal, under FED.R.CIV.P. 12(b)(6), of its contract claims against MacGregor (USA), Inc., a naval contractor. Finding no error, we affirm.

I.

MacGregor contracted (the "prime contract") with the United States Navy to build and install large ramps on warships. The prime contract did not oblige MacGregor to post a performance or payment bond under...

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