Champlin Petroleum Co. v. Heinz

I respectfully dissent. I believe that the majority opinion has incorrectly evaluated the law and the facts of this case concerning the application of TEX.BUS. & COMM. CODE ANN. § 17.56 (Vernon Supp.1983). In its opinion, the majority states that, “[t]he legal test applied to determine whether a defendant has a fixed and established place of business under the provision of § 17.56 of the Deceptive Trade Practices Act is virtually identical for determining whether it had ‘an agency or representative’ under art. 1995, subdivision 27.” I disagree. Had the legislature intended for venue under the…