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CARS & CONCEPTS, INC. v. FUNSTON

No. 18251.

601 S.W.2d 801 (1980)

CARS & CONCEPTS, INC., Appellant, v. Randy FUNSTON, d/b/a Tex-Hide Paint Industries, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 24, 1980.

Attorney(s) appearing for the Case

Fillmore, Lambert, Purtle & Lee, and Larry L. Lambert, Wichita Falls, for appellant.

Banner, McIntosh & Dobbs, and Juanita Pavlick, Wichita Falls, for appellee.

OPINION

MASSEY, Chief Justice.

We reverse judgment by default in this treble damages case for want of jurisdiction of the person of the defendant.

Randy Funston, as plaintiff, brought suit, under the Tex.Bus. & Comm.Code Ann., Subchapter E. "Deceptive Trade Practices and Consumer Protection", § 17.41, et seq, and including § 17.46, "Deceptive Trade Practices Unlawful" (in sub. (b) "(5) representing that goods ... have ... characteristics...

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