EXIMCO, INC. v. TRANE CO.

No. 82-3591.

737 F.2d 505 (1984)

EXIMCO, INC., John D. Spears, Joseph D. Michelli and Rufus I. Davis, Plaintiffs-Appellants, v. The TRANE COMPANY and Shepherd Sales & Service, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 30, 1984.


Attorney(s) appearing for the Case

MacAllynn J. Achee, Baton Rouge, La., for plaintiffs-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Howard E. Sinor, Jr., David G. Radlauer, Charles W. Lane, III, New Orleans, La., for Trane Co.

Stone, Pigman, Walther, Whittmann & Hutchinson, Phillip A. Wittmann, James C. Gulotta, Jr., New Orleans, La., for Shepherd.

Before TATE, JOLLY and DAVIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This heated controversy arises from an agreement made by the Trane Company ("Trane") of Wisconsin granting Eximco, Inc. ("Eximco") of Arkansas, a non-exclusive right to market lightweight air conditioning products in Louisiana and south Mississippi. For at least eighteen years Trane and Shepherd Sales & Service, Inc. and George W. Shepherd, Inc. (collectively "Shepherd") had a parts outlet and exclusive franchise relationship in...

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