MARSH v. AUSTIN-FORT WORTH COCA-COLA BOTTLING CO.

No. 84-1372. Summary Calendar.

744 F.2d 1077 (1984)

Elizabeth A. MARSH, Executrix of the Estate of William E. Marsh, Jr., and Elizabeth A. Marsh, d/b/a Marsh Enterprises, Plaintiffs-Appellants, v. AUSTIN-FORT WORTH COCA-COLA BOTTLING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1984.


Attorney(s) appearing for the Case

John C. Stahl, San Antonio, Tex., for plaintiffs-appellants.

Felsman, Bradley & Gunter, Charles D. Gunter, Jr., Robert A. Felsman, Scurlock, Binion, Brackett & Oldham, A. William Brackett, Fort Worth, Tex., for defendant-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:

Plaintiffs appeal from an order granting a Motion for Summary Judgment. Because we are unable to determine from the record which issues were in the case when the district court entered judgment, a question that must be resolved before we can exercise appellate jurisdiction in this case, we set aside the order of the district court and remand the case for further proceedings.

I.

At the National Soft Drink Association Convention in November...

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