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BURNSIDE TERMINAL v. SSM CARBON

Civ. A. 91-178-B.

772 F.Supp. 295 (1991)

BURNSIDE TERMINAL, A DIVISION OF ORMET CORPORATION v. SSM CARBON, A DIVISION OF SSM COAL NORTH AMERICA, INC.

United States District Court, M.D. Louisiana.

August 28, 1991.

Attorney(s) appearing for the Case

Sidney Marchand, III, Talbot, Sotile, Carmouche, Marchand & Marcello, Donaldsonville, La., S. Daniel Meeks, Lynn L. White, Abbott, Best & Meeks, New Orleans, La., for plaintiff.

William J. Hamlin, Alvin J. Bordelon, Jr., New Orleans, La., for defendant.

RULING ON THE PLAINTIFF'S MOTION TO REMAND AND THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

POLOZOLA, District Judge.

The interesting issue involved in the pending motions before the Court is whether the plaintiff's cashing of the defendant's check, which was for less than the full amount due, constituted "accord and satisfaction" under Louisiana law. The plaintiff, Burnside Terminal (Burnside), filed a motion to remand based on lack of subject matter jurisdiction...

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