International Business MacHines Corp., Appellants/Cross-Appellees v. Lufkin Industries, Inc., Appellee/Cross-Appellant

• Court: Court of Appeals of Texas
• Decided: September 10, 2015
• Docket: 12-15-00223-CV
• Status: Published

Opinion

ACCEPTED 12-15-00223-CV Filed TWELFTH 9/10/2015 11:00:21 COURT AM OF APPEALS Reba Squyres, District TYLER,Clerk TEXAS Angelina 9/10/2015 County,2:47:22 Texas PM Pam Estes By: Robin Crain, CLERK Deputy Clerk No. CV-02073-13-02

LUFKIN INDUSTRIES, INC., § IN THE DISTRICT COURT OF FILED IN Plaintiff, § 12th COURT OF APPEALS § TYLER, TEXAS v. § 9/10/2015 ANGELINA 2:47:22 COUNTY, PM TEXAS § PAM ESTES INTERNATIONAL BUSINESS § Clerk MACHINES CORP., et al., § 159TH JUDICIAL DISTRICT Defendant. §

NOTICE OF APPEAL

Pursuant to Texas Rule of Appellate Procedure 25.1, defendant International Business

Machines Corporation (“IBM”) hereby gives notice of its intent to appeal. IBM desires to appeal

the trial court’s Final Judgment signed on September 10, 2015, together with all written orders,

rulings, and rulings by operation of law adverse to IBM, including but not limited to the denial of

IBM’s motions for directed verdict, IBM’s overruled charge objections, IBM’s denied requests

for inclusion in the charges, denials of IBM’s motions to strike expert witnesses, and denials of

IBM’s motions to disregard jury answers and for judgment notwithstanding the verdict. This

appeal is taken from the 159th District Court of Angelina County, Texas, the Honorable Paul

White presiding, and is taken to the Twelfth Court of Appeals in Tyler, Texas and to the Texas

Supreme Court, if necessary.

1 Respectfully submitted,

YETTER COLEMAN LLP

By: ____________________________ Reagan W. Simpson State Bar No. 18404700 Marc Tabolsky State Bar No. 24037576 909 Fannin, Suite 3600 Houston, Texas 77010 (713) 632-8000 (713) 632-8002 (Fax) rsimpson@yettercoleman.com mtabolsky@yettercoleman.com

ATTORNEYS FOR DEFENDANT IBM

CERTIFICATE OF SERVICE

I certify that, on September 10, 2015, this document was served on the following counsel

for plaintiff by electronic means:

Murry B. Cohen mcohen@akingump.com Jim Wetwiska jwetwiska@akingump.com Holli Pryor-Baze hpryorbaze@akingump.com AKIN GUMP STRAUSS HAUER & FELD LLP 1111 Louisiana, 44th Floor Houston, Texas 77002

Scott C. Skelton sskelton@skeltonslusher.com SKELTON SLUSHER BARNHILL WATKINS WELLS 1616 South Chestnut Street Lufkin, Texas 75901

______________________________________ Reagan W. Simpson