ATOM INSTRUMENT CORP. v. PETROLEUM ANALYZER CO.

No. 19-20151 Consolidated with: 19-20371.

969 F.3d 210 (2020)

In the Matter of: ATOM INSTRUMENT CORPORATION, doing business as Excitron Corporation, Debtor. ATOM Instrument Corporation, doing business as Excitron Corporation; Franek Olstowski, Plaintiffs-Appellants v. PETROLEUM ANALYZER COMPANY, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 7, 2020.


Attorney(s) appearing for the Case

Dylan B. Russell , Hoover Slovacek, L.L.P., Houston, TX, for Plaintiffs-Appellants.

Steven Jon Knight , Christine Kirchner, Esq. , Trial Attorney, Chamberlain, Hrdlicka, White, Williams & Aughtry, Houston, TX, Alan Shane Nichols , Ana Kim, Esq. , Alston & Bird, L.L.P., Atlanta, GA, for Defendant-Appellee.

Before ELROD, SOUTHWICK, and HAYNES, Circuit Judges.


The plaintiff corporation filed for bankruptcy. It brought an adversarial proceeding against a former employer of the founder of the bankrupt, claiming misappropriation of trade secrets, unfair competition, and civil theft. The district court withdrew the reference to the bankruptcy court, held a bench trial,...

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