May 9, 2013

JUDGMENT The Fourteenth Court of Appeals MAN INDUSTRIES (INDIA), LTD., Appellant NO. 14-11-00791-CV V. MIDCONTINENT EXPRESS PIPELINE, LLC, PRIME PIPE INTERNATIONAL, INC., AND THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., Appellees ________________________________ MIDCONTINENT EXPRESS PIPELINE, LLC, Cross-Appellant NO. 14-11-00892-CV V. MAN INDUSTRIES (INDIA), LTD., PRIME PIPE INTERNATIONAL, INC., AND THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., Cross-Appellees ________________________________

This cause, an appeal from the judgment signed August 29, 2011, was heard on the transcript of the record. We have inspected the record and find error in the judgment. We therefore MODIFY the award of actual damages to Prime Pipe to reduce it by $511,073.11, bringing its total award of actual damages to $998,475.10; AFFIRM the remaining damage awards; and REMAND the case to the trial court for recalculation of offsets and prejudgment interest, and for rendition of judgment in accordance with this opinion.

We order appellant Man Industries (India), Ltd. to pay all costs incurred in this appeal.

We further order this decision certified below for observance.