United States Fifth Circuit

In a suit for breach of contract, fraud, and breach of fiduciary duty arising from defendant's alleged agreement to purchase teleports on plaintiff's behalf at a bankruptcy auction and subsequent refusal to transfer them, dismissal of the contract and fraud claims and summary judgment on the fiduciary duty claim is reversed in part as to the fraud claim as the Statute of Frauds does not bar plaintiff's fraud claim insofar as it sought only reliance damages.

Appellate Information

• Decided 08/16/2007
• Published 08/17/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Danny S. Ashby, Christopher Donald Kratovil (argued), David Andrew Alexander, Hughes & Luce, Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• David Steven Coale (argued), Rebecca Lynn Visosky, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for Defendant-Appellee.