SUN CHASE ENTERPRISES, INC. v. SWATI ENTERPRISES, INC.

No. 09-03-140 CV.

143 S.W.3d 902 (2004)

SUN CHASE ENTERPRISES, INC. d/b/a Delaware Food Mart and AGA Enterprises, Inc. d/b/a Chevron Food Mart # 1 and Chevron Food Mart # 2, Appellants v. SWATI ENTERPRISES, INC., d/b/a Pak Oil Company and Mohammad A. Swati, Appellees.

Court of Appeals of Texas, Beaumont.

Decided August 26, 2004.


Attorney(s) appearing for the Case

George J. Prappas, Houston, for appellants.

Alan McNeill and J. Martin Green, Beaumont, for appellees.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.


OPINION

DAVID B. GAULTNEY, Justice.

We withdraw our prior opinion and judgment, and substitute this one in its place; we overrule the motion for rehearing.

Appellants AGA Enterprises, Inc. and Sun Chase Enterprises, Inc. sued Swati Enterprises, Inc. d/b/a, Pak Oil, and Mohammad A. Swati1 for tortious interference with prospective business relations. Swati argued plaintiffs' suit was preempted by the Petroleum Marketing...

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