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EUBANKS BROS. v. TEXACO REFINING AND MARKETING

Civ. No. M-88-122.

764 F.Supp. 1142 (1990)

EUBANKS BROTHERS, a Partnership, and Charles O. Eubanks, Individually, Plaintiffs, v. TEXACO REFINING AND MARKETING INC., Defendant.

United States District Court, S.D. of Texas, McAllen Division.

October 1, 1990.

Attorney(s) appearing for the Case

Francisco J. Enriquez, McAllen, Tex., for plaintiffs.

T. Mark Blakemore, Royston, Rayzor, Vickery & Williams, Brownsville, Tex., for defendant.

MEMORANDUM AND ORDER

KAZEN, District Judge.

Pending before this Court is the Magistrate's Report and Recommendation of May 23, 1990, as to the Motion for Summary Judgment by Defendant Texaco Refining and Marketing, Inc. (hereinafter "TRMI"), filed on March 2, 1990.

Upon review of the Report and Recommendation and Defendant's objections thereto, this Court agrees that a genuine issue of material fact exists as to whether the buy/sell agreement between...

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