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JONIBACH MANAGEMENT TRUST v. WARTBURG ENTERPRISES

No. 13-20308.

750 F.3d 486 (2014)

JONIBACH MANAGEMENT TRUST, Plaintiff-Appellee, v. WARTBURG ENTERPRISES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 24, 2014.

Attorney(s) appearing for the Case

Philip Robert Brinson , Hays, McConn, Rice & Pickering, P.C., Houston, TX, for Plaintiff-Appellee.

Adam Quentin Voyles, Esq. , Justin Ryan Goodman, Esq. , Lubel Voyles, L.L.P., Houston, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, DENNIS, Circuit Judge, and GILSTRAP, District Judge.

CARL E. STEWART, Chief Judge:

This appeal arises from the district court's grant of summary judgment for Plaintiff-Appellee Jonibach Management Trust, trading as Bumbo International Trust ("Bumbo"), on counterclaims by Wartburg Enterprises, Inc. ("Wartburg") alleging breach of contract. For the reasons herein, we affirm in part and reverse in part.

I.

From 2003 to 2010, South African company Bumbo sold plastic...

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