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IN RE WILD OATS MARKETS, INC.

No. 09-09-00031-CV.

286 S.W.3d 499 (2009)

In re WILD OATS MARKETS, INC. and Whole Foods Market, Inc.

Court of Appeals of Texas, Beaumont.

Decided April 2, 2009.

Attorney(s) appearing for the Case

David W. Waddell, Kate L. Birenbaum, Seyfarth Shaw LLP, Houston, Norman B. Berger, Harold B. Holborn, Varga Berger Ledsky Hayes & Casey, Chicago, IL, for relators.

George R. Gibson, Kent Altsuler, Nathan Sommers Jacobs, PC, Houston, for real party in interest.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

PER CURIAM.

Kuykendahl-WP Retail, L.L.P. ("Kuykendahl") sued Wild Oats Markets, Inc., ("Wild Oats") for breach of a lease agreement and sued Whole Foods Market, Inc., ("Whole Foods") for tortious interference with the lease agreement between Kuykendahl and Wild Oats. Kuykendahl also alleges that Wild Oats and Whole Foods engaged in a conspiracy to commit fraud and that Wild Oats defrauded Kuykendahl. The lease contains a contractual waiver of jury...

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