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MERRITT-CAMPBELL, INC. v. RxP PRODUCTS, INC.

No. 97-11114.

164 F.3d 957 (1999)

MERRITT-CAMPBELL, INC., Plaintiff-Counter Defendant-Appellee-Cross-Appellant, v. RxP PRODUCTS, INC., Defendant-Counter Plaintiff-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 26, 1999.

Attorney(s) appearing for the Case

Ralph Henry Bauer, Arlington, VA, for Merritt-Campbell, Inc.

James H. Baumgartner, Jr., Richard A. Rodgers, Vial, Hamilton, Koch & Knox, Dallas, TX, for RxP Products, Inc.

Before REYNALDO G. GARZA, STEWART and PARKER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

I. Factual and Procedural Background

In August, 1995, Carl Merritt ("Merritt") telephoned RxP and talked to its President, Don Woodward ("Woodward"), about selling a fuel additive known as "RxP Gas Kicker" as a private label product. Woodward referred Merritt to RxP's National Sales Manager, James Potts ("Potts"). On August 19, 1995, Potts met with Merritt. During the next few weeks, the parties had numerous discussions...

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