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CONSTRUCTORA SPILIMERG, C.A. v. MITSUBISHI AIRCRAFT

No. 82-1331 Summary Calendar.

700 F.2d 225 (1983)

CONSTRUCTORA SPILIMERG, C.A., Plaintiff-Appellant, v. MITSUBISHI AIRCRAFT COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1983.

Attorney(s) appearing for the Case

James E. McDonald, Miami, Fla., for plaintiff-appellant.

Fulbright & Jaworski, William R. Pakalka, Layne K. Kruse, Houston, Tex., David M. Foster, Washington, D.C., Robert A. Burgoyne, for defendant-appellant.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In this skirmish to determine where the main battle will be fought concerning whether or not the seller of an airplane ten years ago breached its written contract of sale and a separate oral contract; breached its implied warranty of title; made false, misleading, and deceptive promises in the course of trade in violation of a Texas statute; and committed fraud, the district judge verified all of the relevant factors and decided that...

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