Legal Opinion

Donald Joseph Battig v. The Hartford Accident and Indemnity Company

Court of Appeals for the Fifth Circuit

Decided January 16, 1980No. 77-3325PublishedCited by 28 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The facts of this case are set forth in the opinion of the trial court, Battig v. Diocese of Alexandria, W.D.La.19 — . The plaintiff contends that he did not abandon his claim for breach of contract. The trial court was in the best position to determine whether this contention, made in the complaint, had been eliminated in the annealing and tempering process of its pre-trial procedure. We, therefore, cannot say it was in error.

Nonetheless we have carefully examined the contract clause 1 that it is asserted the defendant breached. The plaintiff’s contention is…

2Cases cited1 opinion

John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967

3Cited by28 opinions

Whittington v. Sowela Technical InstituteLouisiana Court of Appeal · 1983
Randy A. Foreman v. Exxon Corporation, Third-Party Cross-Appellant v. Diamond M Company, Offshore Casing Crews, Inc., Third-Party Cross-AppelleeCourt of Appeals for the Third Circuit · 1985
Mary Rodriguez v. Olin Corporation, and Third Party v. Hunter Chemicals, Inc., Smith Valve Corporation, Third PartyCourt of Appeals for the Third Circuit · 1986
Principal Health Care of Louisiana, Inc. v. The Lewer Agency, Inc., and General American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1994
Huggs, Inc. v. LPC Energy, Inc.Court of Appeals for the Fifth Circuit · 1989

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