J. S. Haren Company v. Pump & Power Equip, L.P., No. 12-50936 (5th Cir. 2013)

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Case: 12-50936 Document: 00512267732 Page: 1 Date Filed: 06/10/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50936 June 10, 2013 Lyle W. Cayce Clerk J.S. HAREN COMPANY, Plaintiff Appellant, versus PUMP & POWER EQUIPMENT, L.P., Defendant Appellee. Appeal from the United States District Court for the Western District of Texas No. 1:11-CV-431 Before SMITH, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* The plaintiff appeals an award of damages, on a counterclaim, for breach of contract and resulting attorney s fees. The parties mainly dispute when the * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 12-50936 Document: 00512267732 Page: 2 Date Filed: 06/10/2013 No. 12-50936 contract came into existence. The magistrate judge, to whom the matter was referred for all purposes by consent, conducted a bench trial and issued comprehensive findings of fact and conclusions of law. We have reviewed the briefs and applicable law and pertinent portions of the record and have heard the arguments of counsel. The judgment is AFFIRMED, essentially for the reasons given by the magistrate judge. 2

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