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DWIGHT'S DIS. VACUUM CL. CITY v. SCOTT FETZER CO.

No. 87-1939.

860 F.2d 646 (1988)

DWIGHT'S DISCOUNT VACUUM CLEANER CITY, INC., Plaintiff-Appellee, v. The SCOTT FETZER COMPANY, Kirby Company Division, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 28, 1988.

Attorney(s) appearing for the Case

Beverly Willis Bracken, Steve L. Moody, Naman, Howell, Smith & Lee, Waco, Tex., for defendant-appellant.

Merrilee L. Harmon, Charles M. McDonald, Waco, Tex., for plaintiff-appellee.

Before REAVLEY, JOHNSON, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge.

Defendant Scott Fetzer Co., Kirby Co. Division ("Kirby"), appeals a judgment and jury verdict rendered against Kirby for alleged violations of the Texas Deceptive Trade Practices and Consumer Protection Act. Judgment was awarded to plaintiff Dwight's Discount Vacuum Cleaner City ("Dwight's") in the amount of $28,470, plus $2,000 in additional damages and $89,000 in attorneys' fees. Finding this judgment to be in error, we reverse and...

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