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ATLAS COPCO TOOLS v. AIR POWER TOOL & HOIST

No. 2-03-145-CV.

131 S.W.3d 203 (2004)

ATLAS COPCO TOOLS, INC., Appellant, v. AIR POWER TOOL & HOIST, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 18, 2004.

Attorney(s) appearing for the Case

Robert B. Krakow, Dallas, for appellant.

Peter Christian Smythe, Arlington, for appellee.

PANEL B: HOLMAN and GARDNER, JJ.; and SAM J. DAY, J. (Retired, Sitting by Assignment).

OPINION

SAM J. DAY, Justice (Retired).

I. Introduction

Appellant Atlas Copco Tools, Inc. manufactures and sells industrial tools throughout the United States, primarily through regional distributors. Beginning in 1994, appellee Air Power Tool & Hoist, Inc. became one of appellant's nonexclusive authorized distributors within parts of Texas and Louisiana. In May 2000, appellant appointed another Texas distributor, Tooling Technologies, L.L.C...

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