Century Sales Inc v. Jupiter Aluminum Inc

*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opinion should not be published and is not precedent except under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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 8, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 03-10077
Summary Calendar
CENTURY SALES INC,
Plaintiff - Counter Defendant - Appellant,
VERSUS
JUPITER ALUMINUM INC
Defendant - Cross Claimant - Appellee.
Appeal from the United States District Court
For the Northern District of Texas, Fort Worth
(4:02-CV-607-A)
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Century Sales Inc (hereinafter “Century”) filed suit in Texas
state court against Jupiter Aluminum Inc (hereinafter “Jupiter”)
seeking recovery of sums which Century claimed were due and owing
to it as commissions under a sales agreement between the two.
Jupiter removed the case to federal district court on the grounds

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of diversity of citizenship and filed an answer and counter-claim
against Century. Later, Jupiter filed a motion for summary
judgment against Century on all claims asserted by Century against
Jupiter and for summary judgment on Jupiter’s counter-claim. The
district court granted summary judgment in Jupiter’s favor on both
aspects. Century appeals.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record itself. For
the reasons stated by the district court in its memorandum opinion
and order filed on December 20, 2002, we affirm the final judgment
entered by the district court contemporaneously therewith.
AFFIRMED.

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