IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 11, 2008
No. 07-10930 Charles R. Fulbruge III
Clerk
TRIPLE TEE GOLF, INC., a Florida Corporation,
Plaintiff-Appellant,
v.
NIKE, INC., an Oregon Corporation;
TOM STITES & ASSOCIATES, INC.,
Doing Business as Impact Golf Technologies, Inc.;
JOHN THOMAS STITES, III, Also Known as Tom Stites,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
No. 4:04-CV-302
Before DAVIS, SMITH, and DeMOSS, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 07-10930
In this suit for misappropriation of trade secrets and for damages under
the Texas Deceptive Trade Practices Act, the district court, on remand, granted
summary judgment by determining that plaintiff Triple Tee Golf, Inc., never re-
ceived a right to sue on the claim at issue and was not a “consumer” under the
state statute. We have reviewed the briefs and pertinent portions of the record
and have heard the arguments of counsel. We find no reversible error. The
judgment, accordingly, is AFFIRMED.
2