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IN RE BANKSTON

No. 12-31016.

749 F.3d 399 (2014)

In the Matter of Denise M. BANKSTON, Debtor. Hess Management Firm, LLC, Appellee, v. Denise M. Bankston, Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2014.

Attorney(s) appearing for the Case

Joseph R. Ward, Jr., Esq. , Ward & Condrey, Covington, LA, James Willis Berry, Esq. , Law Office of James W. Berry, Rayville, LA, for Hess Management Firm, LLC.

Curtis Ray Shelton , Jody Todd Benson , Ayres, Warren, Shelton & Williams, L.L.C., Shreveport, LA, for Denise M. Bankston.

Before OWEN and HAYNES, Circuit Judges and LEMELLE, District Judge.

LEMELLE, District Judge:

In this adversary proceeding connected to the bankruptcy of Denise M. Bankston (Bankston), Hess Management Firm, L.L.C. (Hess) sought to enforce Bankston's guaranty on a contract between Hess and Premier Aggregates, L.L.C (Premier). The bankruptcy court held that Premier breached the contract in bad faith, but the court limited the damages award to $375,000. Hess appealed to the district court, which overruled the bankruptcy court and awarded...

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