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HOMOKI v. CONVERSION SERVICES, INC.

No. 11-20371.

717 F.3d 388 (2013)

David HOMOKI, doing business as Global Check Services, Plaintiff-Appellee Cross-Appellant v. CONVERSION SERVICES, INCORPORATED, Defendant-Appellee Electronic Payment Systems, L.L.C., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 28, 2013.

Attorney(s) appearing for the Case

Charles M.R. Vethan , Attorney, Joseph Leo Lanza , Attorney, Vethan Law Firm, Houston, TX, for Plaintiff-Appellee Cross-Appellant.

Walter J. Cicack , Seyfarth Shaw, L.L.P., Emma C. Mata , Houston, TX, for Defendant-Appellee.

Scotty Peck Krob, Esq. , Nathan Lee Krob, Esq. , Krob Law Office, L.L.C., Greenwood Village, CO, Jeremy R. Wilson, Esq. , Wilson, Trosclair & Lovins, P.L.L.C., Dallas, TX, for Defendant-Appellant Cross-Appellee.

Before KING and HIGGINSON, Circuit Judges, and FOOTE, District Judge.

FOOTE, District Judge:

David Homoki d/b/a Global Check Services ("GCS") and Electronic Payments Systems ("EPS") both sell check and debit/credit processing services to merchants. When Conversion Services, Inc. ("CSI"), a sales agent for GCS, stopped selling GCS's products and started selling for EPS, GCS brought suit against EPS and CSI alleging that EPS tortiously interfered with GCS's contract with EPS and conspired to breach CSI's fiduciary duty to GCS. After a...

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