United States Fifth Circuit

An at-will, non-exclusive wholesale product distributor's breach of contract and negligent misrepresentation claims are not actionable under Texas law, as 105 days' notice prior to termination was not unreasonable, and the parties had no confidential or fiduciary relationship. (Revised opinion)

Appellate Information

• Decided 08/06/2003
• Published 08/25/2003

Judges

• KING, Chief Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Larry R. Veselka (argued), Justin M. Waggoner, Smyser, Kaplan & Veselka, Houston, TX, for Plaintiff-Appellee., Don D. Martinson (argued), Robert Harris Fugate, Mark Dyer, Fanning, Harper & Martinson, David Steven Coale, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for Defendant-Appellant.