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SMITH INTERN., INC. v. EGLE GROUP, LLC

No. 06-20422.

490 F.3d 380 (2007)

SMITH INTERNATIONAL, INC., Plaintiff-Appellant, v. The EGLE GROUP, LLC; Don M. Egle; Daniel Rees, as Trustee of the Egle Trust for Michelle A. Egle, the Egle Trust for John M. Egle, Jr., and the Egle Trust for Lauren E. Egle, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 2007.

Attorney(s) appearing for the Case

Cynthia C. Hollingsworth (argued), Gardere Wynne Sewell, Dallas, TX, Geoffrey H. Bracken, Gardere Wynne Sewell, Houston, TX, for Smith Intern., Inc.

Walter C. Thompson, Jr. (argued), Jan K. Frankowski, Barkley & Thompson, New Orleans, LA, for Daniel Rees.

Norman William Peters, Jr. (argued), Kasowitz, Benson, Torres & Friedman, Houston, TX, for Daniel Rees and Egle Group, LLC.

David B. Dickinson, Lundeen & Dickinson, Houston, TX, for Don M. Egle.

Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This dispute arises from a sales-purchase agreement under which the purchaser, Smith International, Inc. ("Smith"), seeks indemnity from the defendant sellers for damages caused by allegedly false representations and warranties in the agreement. Smith appeals the district court's grant of summary judgment in favor of the defendants on all its claims. Although we conclude that Smith's breach of contract and negligent misrepresentation...

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