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CAROUSEL'S CREAMERY v. MARBLE SLAB CREAMERY

No. 01-02-00690-CV.

134 S.W.3d 385 (2004)

CAROUSEL'S CREAMERY, L.L.C., Appellant, v. MARBLE SLAB CREAMERY, INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled May 6, 2004.

Attorney(s) appearing for the Case

Charles Thomas Schmidt, Schmidt & Hoffer, L.L.P., Houston, TX, for Appellant.

Robert B. Gilbreath, Jenkens & Gilchrist, Dallas, TX, Christopher M. Brown, Jenkens & Gilchrist, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, HIGLEY, and ADELE HEDGES.

OPINION

ADELE HEDGES, Justice.

Appellant, Carousel's Creamery, L.L.C. (Carousel) appeals a judgment in favor of Appellee, Marble Slab Creamery, Inc. (Marble Slab). We affirm in part and reverse and remand in part.

Background

In the mid-nineties, intending to increase the size of its franchise system, Marble Slab distributed to potential franchisees a Uniform Franchise Operating Circular (UFOC), which contained representations of its two...

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