Legal Opinion

Southwestern Engineering Company, Cross-Appellant v. Cajun Electric Power Cooperative, Inc., Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided October 26, 1990No. 89-3813PublishedCited by 25 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

An engineering company entered into two contracts to design and manufacture power plant components for a utility company. This appeal presents the question whether the contracts allowed the engineering company to recover unabsorbed overhead costs caused by the utility company’s suspension and ultimate termination of the contracts. It also presents the question whether the engineering company was entitled to recover the full contract price. The district court held that the engineering company could recover the unabsorbed overhead costs but not the full contract price.…

2Cases cited8 opinions

  1. A. C. Newman, Jr., Plaintiff-Appellee-Cross v. A. E. Staley Manufacturing Company, a Corporation, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1981
  2. Capital Electric Company v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  3. Marsha Lee Wallin, as Administratrix of the Estate of Carl R. Wallin, Deceased v. Allen Ernest Fuller and Nationwide Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
  4. Guy James Construction Company, Cross-Appellant v. Trinity Industries, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  5. White v. Rimmer & Garrett, Inc.Supreme Court of Louisiana · 1976

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3Cited by25 opinions

  1. Chilton Insurance Co. v. Pate & Pate Enterprises, Inc., Texas Court of Appeals, 4th District (San Antonio)1996
  2. Quest Medical, Inc. v. ApprillCourt of Appeals for the Fifth Circuit · 1996
  3. First United Financial Corporation v. Specialty Oil Company, Inc.--I, and Sarah M. O'DOmCourt of Appeals for the First Circuit · 1993
  4. Williamson v. Elf Aquitaine, Inc.Court of Appeals for the Fifth Circuit · 1998
  5. PYCA Industries, Inc. v. Harrison County Waste Water Management DistrictCourt of Appeals for the Fifth Circuit · 1999

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