United States Fifth Circuit
LEASEHOLD EXPENSE RECOVERY, INC. v. MOTHERS WORK, INC., 01-11392
District court erred in 1) granting defendant's summary judgment regarding plaintiff's claim that defendant breached an implied duty to cooperate, and 2) dismissing plaintiff's quantum meruit claim insofar as it precludes recovery of out-of-pocket expenses if defendant is found to have breached an implied duty to cooperate at trial.
Appellate Information
- Decided 05/29/2003
- Published 05/29/2003
Judges
- BENAVIDES, Circuit Judge:, Before BENAVIDES and DENNIS, Circuit Judges, and WALTER , District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Timothy Toyn Mitchell (argued), Donna Kaye Rashti, Rashti & Mitchell, Dallas, TX, for Plaintiff-Appellant.
- For Appellees:
- Eric Thomas Stahl (argued), Vinson & Elkins, Dallas, TX, for Defendants-Appellees.