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CINCO J, INC. v. BOEDER

No. 90-8222.

920 F.2d 296 (1991)

CINCO J, INC., Plaintiff-Appellee, v. Donald K. BOEDER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1991.

Attorney(s) appearing for the Case

Timothy J. Herman, Craig A. Morgan, Brown Maroney & Oaks Hartline, Austin, Tex., for defendant-appellant.

Donald H. Grissom, Austin, Tex., for plaintiff-appellee.

Before GOLDBERG, KING, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge.

In 1969 Donald Boeder began operating a gas station on I-10 in Sequin, Texas as a franchisee of Exxon. Sometime before May 1, 1985, Exxon sold the station to a partnership, which in turn leased the station to Cinco J, Inc., a wholesale distributor of petroleum products.

On May 1, 1985, Cinco and Boeder entered into a three-year sublease with a May 1, 1988 termination date. This sublease was similar to the lease agreements that Boeder...

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