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ICEE DISTRIBUTORS, INC. v. J&J SNACK FOODS CORP.

No. 02-30039.

325 F.3d 586 (2003)

ICEE DISTRIBUTORS, INC., Plaintiff-Appellee, v. J&J SNACK FOODS CORP., Wal-Mart Stores, Inc., and Icee of America, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 21, 2003.

Attorney(s) appearing for the Case

Daniel V. Thompson (argued), Thompson & Howison, Roy W. Hardin, William Scott Hastings, Locke, Liddell & Sapp, Dallas, TX, Cary A. Hilburn, Hilburn & Hilburn, Shreveport, LA, for Plaintiff-Appellee.

Michael Lowenberg (argued), Jeffrey M. Goldfarb, Heather Lynn Peckham, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for Defendants-Appellants.

Before JOLLY, HIGGINBOTHAM and MAGILL, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

These appeals concern a disagreement between two ICEE distributors as to whether one, J&J Snack Foods, can distribute frozen ICEE squeeze-up tubes of various flavors in the same territory that the other, ICEE Distributors, distributes ICEEs in a cup. After a jury trial, the district court entered a permanent injunction barring J&J and Wal-Mart Stores, which sold J&J's squeeze-up tubes within the territory, from continuing...

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