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JOHN PAUL MITCHELL v. RANDALLS FOOD MARKETS

No. 03-99-00071-CV.

17 S.W.3d 721 (2000)

JOHN PAUL MITCHELL SYSTEMS and Ultimate Salon Services, Inc., Appellants, v. RANDALLS FOOD MARKETS, INC. and Jade Drug Company, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 15, 2000.

Attorney(s) appearing for the Case

Shannon H. Ratliff, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for appellants.

William F. Harmeyer, William F. Harmeyer, Houston, for Jade.

Marie R. Yeates, Vinson & Elkins, L.L.P., Houston, for Randalls.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

This suit is one of many that John Paul Mitchell Systems (Paul Mitchell) has brought attempting to stop diversion of Paul Mitchell hair products to unauthorized retail outlets. Joined by one of its exclusive distributors, Ultimate Salon Services, Inc., Paul Mitchell sued Randalls Food Markets, Inc. for selling Paul Mitchell products, which are intended to be sold only through its exclusive distribution system. Jade Drug Company, Inc. intervened...

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