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INTERNATIONAL SHORTSTOP, INC. v. RALLY'S, INC.

No. 90-8563.

939 F.2d 1257 (1991)

INTERNATIONAL SHORTSTOP, INC., and Sam Talkington, Plaintiffs-Appellants, v. RALLY'S, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 29, 1991.

Attorney(s) appearing for the Case

Shannon H. Ratliff, Stuart N. Whitlow, Marc O. Kinisely, McGinnis, Lochridge & Kilgore, Austin, Tex., for plaintiffs-appellants.

Douglas L. Hilleboe, Scott R. Kidd, Brown, Maroney & Oaks Hartline, Austin, Tex., for defendant-appellee.

Before GOLDBERG, SMITH, and BARKSDALE, Circuit Judges.

GOLDBERG, Circuit Judge:

In this trade-dress case, we must determine whether it was too precocious of the district court to strip the plaintiffs of a jury trial on their tortious interference claim before the facts were more fully clothed.

I. BACKGROUND MATERIAL

This case is on appeal following the entry of summary judgment by the district court. Concluding that there were no genuine disputes of material...

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