REYNALDO G. GARZA, Circuit Judge: I. Factual and Procedural Background In August, 1995, Carl Merritt (“Merritt”) telephoned RxP and talked to its President, Don Woodward (“Woodward”), about selling a fuel additive known as “RxP Gas Kicker” as a private label product.' Woodward referred Merritt to RxP’s National Sales Manag…
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