UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 96-30933
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METAL SALES MANUFACTURING CORP, USA, for the
use and benefit of
Plaintiff - Counter-Defendant - Appellee
VERSUS
ACADIAN BUILDERS OF GONZALES INC
Defendant - Counter-Claimant - Cross-
Defendant - Appellant
AMERICAN BONDING COMPANY
Defendant - Cross-Claimant - Appellant.
Appeals from the United States District Court
for the Western District of Texas
(94-CV-614)
September 25, 1997
Before GIBSON1, JOLLY and, EMILIO M. GARZA, Circuit Judges.
PER CURIAM:2
We have reviewed the briefs of the parties and the record on
appeal and find that the magistrate judge did not clearly err in
allocating damages stemming from the Fort Polk Project.
Acadian Builders seeks additional damages alleging that Metal
1
Circuit Judge for the Eighth Circuit, sitting by
designation.
2
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that this opinion should not be published and is not precedent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.
Sales’ failure to timely deliver materials it was contractually
obligated to deliver to the Fort Polk Project caused it damage far
greater than that allotted by the magistrate judge. Acadian
contends that the magistrate judge imposed too strenuous a burden
upon Acadian Builders. See Austin v. Parker, 672 F.2d 508, 521
(5th Cir. 1982). We disagree. The magistrate judge merely made
credibility choices on conflicting evidence. “Our reading of the
Louisiana cases convinced us that [Acadian Builders could have]
recover[ed] for [additional] amounts spent to complete the work in
excess of the contract price so long as [it had] prove[d] them to
the court’s satisfaction.” Id. at 522. It did not.
Accordingly, we AFFIRM.
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