Fischbach and Moore, Inc. v. Cajun Electric Power Cooperative, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
OPINION
POLITZ, Circuit Judge:
In this Louisiana diversity jurisdiction case, Fischbach and Moore, Inc. appeals an adverse summary judgment dismissing its claims against Cajun Electric Power Cooperative, Inc. and Burns & Roe, Inc. For the reasons assigned, we reverse and remand.
Facts
In 1981, Fischbach undertook to furnish the labor, material, and equipment required for certain electrical work on a coal-fired electrical generating plant being constructed for Cajun, pursuant to drawings and specifications prepared by Burns & Roe. The contract, denominated G3-82, consisted of two agreements, one…
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