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CITY OF MARSHALL, TEX. v. BRYANT AIR CONDITIONING CO.

No. 79-3531.

650 F.2d 724 (1981)

CITY OF MARSHALL, TEXAS and Entex, Inc., Plaintiffs-Appellees, v. BRYANT AIR CONDITIONING CO., a Division of Carrier Corporation, Defendant-Appellant. WILEY COLLEGE and Entex, Inc., Plaintiffs-Appellees, v. BRYANT AIR CONDITIONING CO., a Division of Carrier Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A.

July 16, 1981.

Attorney(s) appearing for the Case

Robin P. Hartmann, William R. Allensworth, Nina Cortell, Dallas, Tex., for Bryant Air Cond. Co.

Abney & Baldwin, Gaines Baldwin, Marshall, Tex., for City of Marshall, Texas and Wiley College.

Larry Starr, John Ward, Longview, Tex., for Entex, Inc.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

One short year after the now legendary heat wave of 1980 burned its way through the South, we are forced to consider the paradoxically chilling thought of a Texas summer without air conditioning. Plaintiff-appellees claim that they were forced to simmer through several summers due to defendant-appellant's deceptive trade practices and breach of warranty with regard to the sale and maintenance of air...

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