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OCR: December 1992 (Petition Appendix PP. A-1-32). McDer- mott prevailed appeal i1 that it was awarded money judgment, albeit reduced r $470,000.00, against River Don McDermott verdict jud gment against AmClyde were summarily vacated deny ring all recov ery under tort contract theories. The Fifth Circuit also refused notice box- -full pf proffered evidence tn record McDermott's Shearleg crane damages, and denied McDermott its right present this evidence to jury warranty action against River Don McDe rmott timely petitioned the Fifth Circuit for rehearing bane. The Fifth Circuit, treating McDermott's petition for rehearing en banc as one for panel rehearing and rehear ing en banc, denied both by dated 25 January 1993 (Petition Appendix -33. -34 McDermott submitted Petition for Writ of Certiorari ...