EMERSON v. FIRES OUT, INC.

No. 3-86-081-CV.

735 S.W.2d 492 (1987)

Ernest A. EMERSON, Texas State Fire Marshal, et al., Appellants, v. FIRES OUT, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied September 9, 1987.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Daniel Zemann, Jr., Asst. Atty. Gen., Austin, for appellants.

Joanne Summerhays, Barry Bishop, Clark, Thomas, Winters & Newton, Austin, for appellee.

Before SHANNON, C.J., and BRADY and ABOUSSIE, JJ.


SHANNON, Chief Justice.

This is an appeal from an order of the district court of Travis County granting a temporary injunction.

Appellee, Fires Out, Inc., is a corporation engaged in the manufacture and sale of small fire extinguishers designed for private use. Appellee sells its products in Texas and in other states. Appellants, the State Fire Marshal and his employees, took the position that appellee could not lawfully sell its products in Texas and actively...

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