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COBURN SUPPLY CO. INC. v. KOHLER CO.

No. 02-41317.

342 F.3d 372 (2003)

COBURN SUPPLY COMPANY INC., Plaintiff-Appellee, v. KOHLER CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 25, 2003.

Rehearing Denied September 4, 2003.

Attorney(s) appearing for the Case

Larry R. Veselka (argued), Justin M. Waggoner, Smyser, Kaplan & Veselka, Houston, TX, for Plaintiff-Appellee.

Don D. Martinson (argued), Robert Harris Fugate, Mark Dyer, Fanning, Harper & Martinson, David Steven Coale, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for Defendant-Appellant.

Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.

KING, Chief Judge:

This case involves the alleged wrongful termination of an at-will, non-exclusive wholesale distributor of plumbing products. Consistent with the jury's verdict, the district court entered judgment in favor of the at-will distributor on its breach of contract and negligent misrepresentation claims and denied the defendant's renewed motion for judgment as a matter of law. We reverse.

I. FACTUAL AND PROCEDURAL HISTORY

A. Facts...

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