Tim W. Koerner and Associates, Inc., was a distributor for electrosurgical products for Aspen Labs, Inc. Zimmer U.S.A., Inc., purchased Aspen and replaced Aspen’s distribution system with its own. Aspen remained in business as a subsidiary.

Koerner sued Aspen and Zimmer, joined as defendants, trying to force them to honor a contract that Aspen and Zimmer had made compensating former Aspen dealers for their past efforts. Zimmer refused to honor the agreement. For whom did the court find and why? Tim W. Koerner & Assocs., Inc. v. Aspen Labs, Inc., 492 F. Supp. 294 (S.W. TX).