International Shortstop, Inc., and Sam Talkington v. Rally's, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GOLDBERG, Circuit Judge:
In this trade-dress case, we must determine whether it was too precocious of the district court to strip the plaintiffs of a jury trial on their tortious interference claim before the facts were more fully clothed.
I. BACKGROUND MATERIAL
This case is on appeal following the entry of summary judgment by the district court. Concluding that there were no genuine disputes of material fact with respect to the defendants’ affirmative defense, the district court held that the defendants were entitled to a judgment in their favor as a matter of law. On appeal, the plaintiffs…
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