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SIDCO PRODUCTS MARKETING, INC. v. GULF OIL CORP.

No. 87-6172.

858 F.2d 1095 (1988)

SIDCO PRODUCTS MARKETING, INC., Plaintiff-Appellant, v. GULF OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 30, 1988.

Attorney(s) appearing for the Case

Michael Connelly, Elena Maslia Marks, Houston, Tex., for Sidco Products Marketing, Inc.

James E. Smith, Robert J. Malinak, Houston, Tex., for Gulf Oil Corp.

Before REAVLEY, JOHNSON, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

At issue here is the grant of summary judgment for the defendant concerning claims for breach of express and implied warranties and violation of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Tex.Bus. & Com.Code Ann. §§ 17.41-17.63 (Vernon 1968), in the sale of a material called "middle layer emulsion" (MLE). Texas law applies in this diversity case. Concluding essentially that Gulf did not misrepresent...

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