Galin Corporation and Petropak, Inc. v. MCI Telecommunications Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is a diversity suit for breach of a construction contract. The district court granted judgment denying relief to plaintiffs at the outset of trial, but without allowing the parties to present evidence to the jury. We agree with the district court that plaintiffs’ claims are barred by the terms of the release and notice of claim provisions of the construction contract. We also conclude that the district court’s unusual grant of judgment at the outset of trial was effectively a grant of summary judgment that had been argued earlier. We affirm.
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