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BARNEY F. KOGEN & CO. v. TRED AVON ASSOCIATES LTD.

No. Civ.A. H-05-1083.

393 F.Supp.2d 519 (2005)

BARNEY F. KOGEN & CO., et al., Plaintiffs, v. TRED AVON ASSOCIATES LTD., t/a Oxford Boatyard, Defendant.

United States District Court, S.D. Texas, Houston Division.

June 24, 2005.

Attorney(s) appearing for the Case

Geoffrey L. Harrison, Suyash Agrawal, Susman Godfrey LLP, Houston, TX, for Plaintiffs.

James M. Tompkins, James Terry Bailey, Galloway, Johnson, Tompkins, Burr & Smith, Houston, TX, for Defendant.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

Plaintiffs, Barney F. Kogen & Co., a Texas corporation, and its president and chief executive officer, Barney Kogen, a Texas resident, have sued Tred Avon Associates Ltd., T/A Oxford Boatyard, a Maryland corporation. Kogen filed this suit after his yacht sank while it was at the Oxford Boatyard for maintenance and repair work. Kogen asserts state-law causes of action for breach of the contract to perform...

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