United States Fifth Circuit

Breach of express warranty claim not barred by statute of limitations under Mississippi's version of the UCC, based on the distinction between "repair or replace" promise and promise that compressor train would be free from defects, and denial of remittitur of jury award of lost profits and consequential damages was not error.

Appellate Information

• Decided 03/29/2002
• Published 03/29/2002

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY and PARKER, Circuit Judges, and MILLS , District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John B. Clark (argued), C. Michael Ellingburg, Daniel, Coker, Horton & Bell, Michael Brunson Wallace, Phelps Dunbar, Jackson, MS, for Mississippi Chemical Corp., Fred H. Krutz, III, Daniel J. Mulholland (argued), David Harrison Fulcher, Forman, Perry, Watkins, Krutz & Tardy, Jackson, MS, for Dresser-Rand Co.