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McFADIN v. GERBER

No. 09-50083.

587 F.3d 753 (2009)

Laurie D. McFADIN, d/b/a Two Bar West; Stacy L. McFadin, d/b/a Two Bar West, Plaintiffs-Appellants, v. Lynn GERBER, d/b/a Foxy Roxy's, d/b/a Eternal Perspective Handbags; William Gerber, II, d/b/a Foxy Roxy's, d/b/a Eternal Perspective Handbags; Connie Grenemyer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 9, 2009.

Attorney(s) appearing for the Case

Charles W. Hanor (argued), Hanor Lively & Cernyar, San Antonio, TX, for Laurie D. McFadin and Stacy L. McFadin.

Joseph Brent Garfield (argued), J. Brent Garfield, P.L.L.C., Arvada, CO, for Lynn Gerber and William Gerber, II.

Clifford L. Beem (argued), Clifford Beem & Associates, PC, Denver, CO, for Grenemyer.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we examine a Texas court's personal jurisdiction over Colorado residents Connie Grenemyer and Lynn and William Gerber. We agree with the district court that there is no jurisdiction over Connie Grenemyer and disagree with the district court's finding of lack of jurisdiction over the Gerbers.

I

Laurie and Stacie McFadin filed suit in the Western District of Texas against Connie Grenemyer, Lynn Gerber,...

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