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ROHNER GEHRIG CO., INC. v. TRI-STATE MOTOR TRANSIT

No. 89-6246.

923 F.2d 1118 (1991)

ROHNER GEHRIG COMPANY, INC., Plaintiff-Appellee, v. TRI-STATE MOTOR TRANSIT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1991.

Attorney(s) appearing for the Case

Stuart W. Lapp, Chris C. Pappas, Dunn, Kacal, Adams, et al., Houston, Tex., Thomas V. Bender, Kyle E. Krull, Linde Thomsom Langworthy Kohn & Van Dyke, P.C., Kansas City, Mo., for defendant-appellant.

A. Douglas Shackelford, Jr., Billings & Solomon, Houston, Tex., for plaintiff-appellee.

Before GARWOOD and WIENER, Circuit Judges, VELA, District Judge.

FILEMON B. VELA, District Judge:

Tri-State Motor Transit (Tri-State) appeals a grant of summary judgment in favor of the plaintiff Rohner-Gehrig (Rohner) and a denial of its motion for summary judgment. Based upon the record before us we find that the district court did not have sufficient grounds to grant Rohner summary judgment but was warranted in denying Tri-State's motion for summary judgment. We therefore REVERSE in part and AFFIRM in part.

I. The...

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