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X TECHNOLOGIES, INC. v. MARVIN TEST SYSTEMS, INC.

No. 12-50230.

719 F.3d 406 (2013)

X TECHNOLOGIES, INCORPORATED, Plaintiff-Appellee, v. MARVIN TEST SYSTEMS, INCORPORATED, doing business as Marvin Geotest, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 2013.

Attorney(s) appearing for the Case

Michael W. O'Donnell (argued), Dean V. Fleming , Attorney, Rosemarie Kanusky , Blake W. Stribling , Fulbright & Jaworski L.L.P., San Antonio, TX, for Plaintiff-Appellee.

Millard Ariel Johnson (argued), Charles Patrick Waites , Johnson, Deluca, Kurisky & Gould, P.C., Houston, TX, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

This appeal arises from a breach of contract action. X Technologies ("X Tech") alleged that Marvin Test Systems ("Geotest") breached an exclusive teaming agreement to submit a teamed bid on a United States Air Force ("USAF") solicitation for testing equipment by teaming with another partner, Raytheon, on a competing bid. X Tech contended that this Geotest-Raytheon submission, which USAF selected as the winning bid, prevented X Tech...

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