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GATOR APPLE, LLC v. APPLE TEXAS RESTAURANTS

No. 05-12-01369-CV.

442 S.W.3d 521 (2014)

GATOR APPLE, LLC, Appellant v. APPLE TEXAS RESTAURANTS, INC., Appellee.

Court of Appeals of Texas, Dallas.

March 5, 2014.

Attorney(s) appearing for the Case

Hilaree A. Casada , R. Michael Northrup , Cowles & Thompson, P.C., Dallas, for Appellant.

Kristopher Hill , Beverly A. Whitley , Bell, Nunnally & Martin, PLLC, Dallas, for Appellee.

Before Justices FITZGERALD, LANG, and FILLMORE.

OPINION

Opinion by Justice FILLMORE.

Gator Apple, LLC (Gator Apple) appeals from the trial court's grant of summary judgment in favor of Apple Texas Restaurants, Inc. (Apple Texas) asserting, in four issues, that the trial court erred by concluding that Apple Texas is a third-party beneficiary of the entire franchise agreement between Gator Apple and Applebee's International, Inc. (Applebee's); applying Kansas law to determine whether the liquidated damages...

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