STEWART GLASS & MIRROR, INC. v. U.S. AUTO GLASS DISCOUNT CENTERS

No. 98-41110.

200 F.3d 307 (2000)

STEWART GLASS & MIRROR, INC., et al., Plaintiffs, Stewart Glass & Mirror, Inc.; Texas Mobil Auto Glass, Inc.; RLJ, Inc., doing business as A-1 Glass Co.; Freddy's Auto Glass & Mirror, Inc.; Nederland Glass Co., Inc.; Lone Star Glass, Inc.; Auto Glass Specialists, Inc.; Alamo Glass of Port Arthur, Inc.; Ray Glass Company, Inc., Plaintiffs-Appellants, v. U.S. AUTO GLASS DISCOUNT CENTERS, INC., et al., Defendants, U.S. Auto Glass Discount Centers, Inc.; Safelite Glass Corp.; Harmon Glass Company, Inc.; Windshields America, Inc.; USA Glas, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 3, 2000.


Attorney(s) appearing for the Case

Dennis M. Dylewski (argued), Susan Goode Douglass, Dylewski & Douglass, Houston, TX, for Plaintiffs-Appellants.

Joel G. Chefitz, Todd L. McLawhorn, Christian Todd Kemnitz, Katten, Muchin & Zavis, Chicago, IL, for U.S. Auto Glass Discount Centers, Inc. and USA Glas, Inc.

Gerald Anthony Connnell, Lee H. Simowitz (argued), Baker & Hostetler, Washington, DC, Robert M. Kincaid, Jr., Baker & Hostetler, Columbus, OH, for Safelite Glass Corp.

John A. Cotter (argued), Christopher K. Larus, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, Walter J. Crawford, Jr., Crawford & Olsen, LLP, Beaumont, TX, for Harmon Glass Co., Inc.

Thomas Anthony Doyle, Barrie Laine Brejcha, Baker & McKenzie, Chicago, IL, for Windshields America, Inc.

Before POLITZ, DeMOSS and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Appellants, eight independent, Texasbased auto repair shops engaged in the business of repairing and replacing auto glass and residential and commercial flat glass, appeal from the district court's grant of summary judgment to appellees, two competitors not based in Texas but also competing in the Texas auto-glass repair market, on several claimed violations of the anti-trust laws, as well as a claim sounding in Texas tort law based on intentional...

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