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ENSLEY v. CODY RESOURCES, INC.

No. 97-21042.

171 F.3d 315 (1999)

Art ENSLEY, Plaintiff-Appellee-Cross-Appellant, v. CODY RESOURCES, INC., et al., Defendants, Cody Resources Inc.; Cody Energy, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 13, 1999.

Attorney(s) appearing for the Case

Alene Ross Levy, Kent Geoffrey Rutter, Lynne Liberato, Haynes & Boone, Patrick Andrew Zummo, Zummo, Schirrmeister & Ajamie, Houston, TX, for Ensley.

Thad T. Dameris, Robert Glen Rigby, Karl S. Stern, Michael John Yanochik, Vinson & Elkins, Houston, TX, for Cody Resources, Inc. and Cody Energy, Inc.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Cody Resources, Inc., and Cody Energy, Inc. (collectively, "Cody"), appeal a quantum meruit judgment. Art Ensley cross-appeals, seeking prejudgment interest and to reverse summary judgment entered against him on his fraud claim; in the alternative, he requests a new trial. We affirm.

I.

Working as an independent broker and consultant for petroleum-related businesses, Ensley provided services to Cody by bringing mineral...

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