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CASE CORP. v. HI-CLASS BUSINESS SYSTEMS

No. 05-02-00103-CV.

184 S.W.3d 760 (2005)

CASE CORPORATION, Appellant and Cross-Appellee, v. HI-CLASS BUSINESS SYSTEMS OF AMERICA, INC. and HBS Systems, Inc., Appellees and Cross-Appellants.

Court of Appeals of Texas, Dallas.

Rehearing Overruled March 14, 2006.

Attorney(s) appearing for the Case

E. Paul Cauley, Jr., S. Vance Wittie and W. Neil Rambin, Sedgwick, Detert, Morgan & Arnold, LLP, Dallas, for Appellant.

Richard Abernathy, Larry R. Boyd, Charles J. Crawford, Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, Brent L. Brown, Bracewell & Patterson, Cynthia Hollingsworth, Gardere, Wynne, Sewell, L.L.P., Dallas, for Appellees.

Before Justices MORRIS, MOSELEY, and O'NEILL.

OPINION

Opinion By Justice MOSELEY.

Hi-Class Business Systems of America, Inc. (HBS) contracted with Case Corporation to become an approved or certified vendor of business systems to independently-owned Case dealers.1 When Case later started a more exclusive "preferred vendor" program that did not include HBS, HBS sued alleging breach of contract as well as fraud in inducing HBS to enter the contract.

The trial court...

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