BRAZOS RIVER AUTHORITY v. GE IONICS, INC.

No. 05-50673.

469 F.3d 416 (2006)

BRAZOS RIVER AUTHORITY, Plaintiff-Appellant, v. GE IONICS, INC., Also Known as Ionics, Incorporated, et al., Defendants, GE Ionics, Inc., Also Known as Ionics, Incorporated; Cajun Constructors, Inc., Formerly Known as Cajun Contractors, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 6, 2006.


Attorney(s) appearing for the Case

Danny S. Ashby (argued), Mark Keith Sales, James Anthony Baker, Bart Sloan, Hughes & Luce, Dallas, TX, for Plaintiff-Appellant.

J. David Rowe, DuBois, Bryant, Campbell & Schwartz, Austin, TX, Anne M. Johnson (argued), Haynes & Boone, Dallas, TX, Leslie A. Palmer, Jr., Haley & Davis, Waco, TX, Charles William Shipman, Haynes & Boone, San Antonio, TX, Kenneth H. Laborde, Gieger, Laborde & Laperouse, New Orleans, LA, for GE Ionics, Inc.

W. Lee Kohler (argued), Dallas, TX, Fred Morris Johnson, Jr., Pakis, Giotes, Page & Burleson, Waco, TX, for Cajun Constructors, Inc.

Before SMITH and STEWART, Circuit Judges, and HANEN, District Judge.


JERRY E. SMITH, Circuit Judge:

The Brazos River Authority ("BRA") appeals a judgment after a jury trial in its suit for breach of contract, breach of implied warranties, and fraud against GE Ionics, Inc. ("Ionics"), and Cajun Constructors, Inc. ("Cajun"), arguing that the district court improperly excluded evidence. Finding reversible error, we vacate and remand.

I.

BRA is responsible for developing and managing the water resources of the Brazos...

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