UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 99-31390 _______________________

NORTH WEST GEOMATICS CANADA, INC,

Plaintiff-Appellant,

versus

ENGLAND JET CENTER, INC.,

Defendant-Appellee.

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Appeal from the United States District Court for the Western District of Louisiana Civil Docket #1:98-CV-842 _________________________________________________________________ November 8, 2000

Before GOODWIN*, GARWOOD, and JONES, Circuit Judges.

PER CURIAM:*

The court has carefully considered this appeal in light

of the briefs, record excerpts, arguments and pertinent portions of

the record.

Having done so, we find no clear error in the district

court’s holding that appellant failed to prove lost profits in

accord with the test applicable in Louisiana. There was

* Circuit Judge of the Ninth Circuit, sitting by designation. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. insufficient evidence to support findings that the leased

aircraft’s lease would have been extended from April 9 through July

8; that another aircraft would have been sent to Venezuela to

perform the PITSA II contract; or that any other specific profit

opportunities were foregone after the loss of the leased aircraft.

We therefore do not reach the court’s findings concerning the

amount of lost profits. Additionally, the district court did not

abuse its discretion by refusing to allow appellant to amend its

complaint and assert a vicarious punitive damage claim, which is

both fact intensive and novel in Louisiana, only a few days before

trial.

For these reasons, the judgment of the district court is

AFFIRMED.

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