Justiss Oil Co. v. Kerr-McGee Refining Corp.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DUHÉ, Circuit Judge:
Kerr-McGee Refining Corporation (“Kerr-McGee”) owns and operates an oil refinery in Cotton Valley, Louisiana. In early 1990, the aluminum floating roof of a crude oil storage tank (“Tank 29”) at the Cotton Valley refinery collapsed.1 Kerr-McGee contacted Baker Tank Company, a division of Justiss Oil Company, Inc. (“Justiss”), and solicited a bid for the manufacture and installation of a new floating roof. In response, Ken Moose, Baker Tank Company’s Construction Manager, telephoned Gerald Collins, the Kerr-McGee Plant Manager. During this conversation, Collins requested…
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