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GALE v. CARNRITE

No. 07-20740.

559 F.3d 359 (2009)

Randolph D. GALE; Debra E. Gale, Co-Trustees of the Gale 2000 Trust, Plaintiffs-Appellees-Cross-Appellants, v. Alan G. CARNRITE; Carnrite Real Estate Holdings LLC, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 2009.

Attorney(s) appearing for the Case

Joe Wallace Beverly (argued), Sanford Lawrence Dow, Dow, Golub, Berg & Beverly, Houston, TX, for Plaintiffs-Appelles-Cross-Appellants.

Eric Yollick (argued), The Woodlands, TX, for Defendants-Appellants-Cross-Appellees.

Before JONES, Chief Judge, and OWEN and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Alan G. Carnrite and Carnrite Real Estate Holdings, LLC ("Carnrite") appeal the district court's grant of summary judgment in favor of Randolph D. Gale and his wife, Debra E. Gale, as Co-Trustees of the Gale 2000 Trust ("the Gales"), on the Gales' breach of contract claim. The Gales cross-appeal the ruling on attorneys' fees. For reasons we explain below, we REVERSE and RENDER judgment for Carnrite and his company and deny the cross...

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