
    HOME DECORATORS, Inc. v. HERFORT.
    No. 13034.
    United States Court of Appeals Fifth Circuit.
    Jan. 30, 1950.
    Nowlin Randolph, Houston, Tex., for appellant.
    Ernest H. Folk, Houston, Tex., for ap-pellee.
    Before HOLMES, WALLER, and RUSSELL, Circuit Judges.
   PER CURIAM.

This is an appeal from an order denying a preliminary injunction in a suit brought by the Home Decorators, Inc., a New York corporation, to restrain John Her-fort, owner of a jewelry store in Rosenberg, Texas, from making any statement or giving his opinion of the relative value, merits, or wearing qualities, of silver-plated ware sold by appellant. The district court, having ordered the hearing to be on written affidavits, held that the case, as presented, did not justify the issuance of a preliminary injunction, and in so doing we think there was no abuse of discretion. Therefore, the order appealed from is affirmed. Ex parte Tucker, 110 Tex. 335, 220 S.W. 75; Gibralter Savings & Building Ass’n et al. v. Isbell et al., Tex.Civ.App., 101 S.W.2d 1029.

Affirmed.  