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BONNEAU CO. v. AG INDUSTRIES, INC.

No. 96-10073.

116 F.3d 155 (1997)

The BONNEAU CO. and Pennsylvania Optical Company, Plaintiffs-Counter Defendants-Appellants, v. AG INDUSTRIES, INC., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 1997.

Attorney(s) appearing for the Case

John M. Cone, Dennis L. Roossien, Jr., Strasburger & Price, Dallas, TX, Alan B. Daughtry, Strasburger & Price, Houston, TX, for Bonneau Co. and Pennsylvania Optical Co.

Peter T. Cobrin, Marvin S. Gittes, Cobrin, Gittes & Samuel, New York City, Jerry Woodrow Mills, Jeffrey Joseph Cox, Baker & Botts, Dallas, TX, for AG Industries, Inc.

Before JOLLY, JONES and PARKER, Circuit Judges.

PER CURIAM:

The Appellants, The Bonneau Co. and Pennsylvania Optical Company (hereafter collectively referred to as "Bonneau"), appeal the district court's grant of summary judgment for AG Industries, Inc. ("AGI"). AGI sought summary judgment on Bonneau's claim of breach of warranty against infringement under Texas Business & Commerce Code § 2.312(c), and on AGI's counterclaim of breach of contract. Finding no error, we affirm.

FACTUAL AND PROCEDURAL...

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