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EXPANSION PLUS INC. v. BROWN-FORMAN CORP.

No. 97-20167.

132 F.3d 1083 (1998)

EXPANSION PLUS INCORPORATED, Plaintiff-Appellant, v. BROWN-FORMAN CORPORATION; Nabanco Merchant Services Corporation; First Financial Bank; National Bancard Corporation's; Randolph Hutto; Louise F. Adams; Thomas J. Holmes, Jr.; Homes Family Limited Partnership, Defendants-Appellees. BROWN FORMAN CORPORATION, Plaintiff-Appellee, v. EXPANSION PLUS INCORPORATED; et al., Defendants, Expansion Plus Incorporated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 1998.

Attorney(s) appearing for the Case

Stacy R. Obenhaus, Cynthia C. Hollingsworth, Gardere & Wynne, Dallas, TX, David H. Timmins, Geoffrey H. Bracken, Robert E. Meadows, Gardere, Wynne, Sewell & Riggs, Houston, TX, for Plaintiff-Appellant.

Charles Joseph Cronan, IV, Stites & Harbison, Louisville, KY, Larry Farish York, Austin, TX, Ronald C. Lewis, Baker & Botts, Houston, TX, Frank S. Moseley, Davis, Polk & Wardwell, New York City, for Defendants-Appellee.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and WALTER, District Judge.

HIGGINBOTHAM, Circuit Judge:

This case requires us to determine the obligations of the parties not to disclose information about the subject matter of their agreement. Based on our examination of the parties' negotiations and the documents evidencing their agreement, we hold that at the relevant time, Brown-Forman did not owe EPI a duty not to disclose. The judgment of the district court is AFFIRMED.

I

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