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EPCO CARBON DIOXIDE PRODS. v. JP MORGAN CHASE BANK

No. 05-30958.

467 F.3d 466 (2006)

EPCO CARBON DIOXIDE PRODUCTS, INC., Plaintiff-Appellant, v. JP MORGAN CHASE BANK, NA, Formerly Known as Bank One, NA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 6, 2006.

Attorney(s) appearing for the Case

Travis M. Holley, Travis M. Holley & Associates, Bastrop, LA, for Plaintiff-Appellant.

Brett P. Furr, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Defendant-Appellee.

Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

EPCO Carbon Dioxide Products, Inc. ("EPCO"), appeals the dismissal of its breach of contract, abuse of rights, and bad faith claims against JP Morgan Chase Bank, NA ("Chase"). Because EPCO's complaint pleads sufficient allegations to state a claim on which relief can be granted, we reverse and remand.

I.

Because this case was resolved on motion to dismiss, the allegations in the complaint must be liberally construed...

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