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BENCHMARK ELECTRONICS, INC. v. J.M. HUBER CORP.

No. 02-20655.

355 F.3d 356 (2003)

BENCHMARK ELECTRONICS, INC., Plaintiff-Appellant, v. J.M. HUBER CORP., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 2003.

Attorney(s) appearing for the Case

Joe W. Redden, Jr., Robert David Daniel, Beck, Redden & Secrest, Houston, TX, for Plaintiff-Appellant.

D. Gibson Walton, James D. Thompson, III, Penelope E. Nicholson, Daniel E. Hinde, Richard Dearing, Ara Ayles Hardig, Vinson & Elkins, Houston, TX, for Defendant-Appellee.

Before REAVLEY, JOLLY and JONES, Circuit Judges.

BY THE COURT:

It is ordered that the opinion in this case is modified by replacing the following sentence, found at 343 F.3d 719, 731:

"We decline to resolve the ambiguity on appeal and, instead, remand for the parties to present extrinsic evidence supporting their interpretations of the agreement."

with this:

"Regardless whether the clause is technically ambiguous, there are factual issues surrounding its...

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