SIDCO PRODUCTS MARKETING, INC., Plaintiff-Appellant, v. GULF OIL CORPORATION, Defendant-Appellee

EDITH H. JONES, Circuit Judge:

At issue here is the grant of summary judgment for the defendant concerning claims for breach of express and implied warranties and violation of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), Tex.Bus. & Com.Code Ann. §§ 17.41-17.63 (Vernon 1968), in the sale of a material called “middle layer emulsion” (MLE). Texas law applies in this diversity case. Concluding essentially that Gulf did not misrepresent the nature or qualities of MLE to the ultimate purchaser Sidco, we affirm.

I. BACKGROUND

According to Sidco, this is the story of a pig in a…