No. 74-3068.

514 F.2d 1269 (1975)

KELLER INDUSTRIES, INC., Plaintiff-Appellant, v. James A. HOLDEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 21, 1975.

Attorney(s) appearing for the Case

Daniel H. Johnston, Jr., Houston, Tex., for plaintiff-appellant.

Coleman Gay, Austin, Tex., for defendant-appellee.

Before CLARK, Associate Justice, and GOLDBERG and AINSWORTH, Circuit Judges.


In March, 1970, defendant Holden entered into an agreement with plaintiff Keller Industries, Inc., whereby Holden would sell Keller's products in the Austin, Texas, area. Holden purchased the inventory and other physical assets of the existing Keller operation in Austin and executed a promissory note for $34,806.64 in exchange therefor. Unhappily, plaintiff and defendant experienced considerable difficulties in their new business relationship, and it was...

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