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HI-LO AUTO SUPPLY, L.P. v. BERESKY

No. 09-98-342CV.

986 S.W.2d 382 (1999)

HI-LO AUTO SUPPLY, L.P., Appellant, v. Charles BERESKY, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 25, 1999.

Attorney(s) appearing for the Case

Scott J. Atlas, Anne M. Pike, William R. Thompson, II, Michael C. Holmes, Vinson & Elkins, Houston, for appellant.

Ethan L. Shaw, Moore, Landrey, LLP, Beaumont, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

On behalf of a putative class, Charles Beresky sued Hi-Lo Auto Supply, L.P., for deceptive trade practices, breach of contract, negligence, fraud, and negligent misrepresentation, alleging Hi-Lo sold "old" and "used" automotive batteries as "new" batteries. Beresky alleges Hi-Lo developed a scheme to promote, offer, and sell as new automotive batteries that were old, used, or out of manufacturer's warranty. The trial...

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