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INDUSTRIAL CLEARINGHOUSE v. BROWNING MFG.

No. 91-1928 Summary Calendar.

953 F.2d 1004 (1992)

INDUSTRIAL CLEARINGHOUSE, INC., Plaintiff-Appellee, v. BROWNING MANUFACTURING DIVISION OF EMERSON ELECTRIC COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 1992.

Attorney(s) appearing for the Case

Kevin P. Sullivan, Fulbright & Jaworski, Dallas, Tex., W. Wendall Hall, Fulbright & Jaworski, San Antonio, Tex., for Browning Mfg.

Mark J. Zimmermann, Thomas C. Clark, John W. Hicks, Jr., Tori S. Levine, Baker, Glast & Middleton, Dallas, Tex., for Indus. Clearinghouse, Inc.

Before POLITZ, Chief Judge, REAVLEY and DAVIS, Circuit Judges.

REAVLEY, Circuit Judge:

Browning Manufacturing (Browning) appeals from a district court's interlocutory order allowing Industrial Clearinghouse, Inc. (Industrial) to discover communications between Browning and Browning's former counsel in this suit between Browning and Industrial. We reverse the district court's order because there is no evidence to support the district court's finding that Browning, by suing its former counsel, publicized confidential communications...

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