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McCARTY v. RUNKLE

No. 18226.

285 F.2d 144 (1960)

John L. McCARTY and Joseph D. Birkmeyer, Appellants, v. Harry M. RUNKLE, Appellee.

United States Court of Appeals Fifth Circuit.

December 19, 1960.

Attorney(s) appearing for the Case

Robert N. Carnahan, E. Byron Singleton, A. J. Folley, George S. McCarthy, Amarillo, Tex., McCarthy, Carnahan & Haynes, Amarillo, Tex., for appellant Birkmeyer.

Wayne P. Sturdevant, Amarillo, Tex., Simpson, Adkins, Fullingim & Hankins, Amarillo, Tex., of counsel, for appellant McCarty.

John Lee Smith, Mark Smith, Lubbock, Tex., Mark Smith, Lubbock, Tex., Smith & Smith, Lubbock, Tex., of counsel, for appellee.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

TUTTLE, Chief Judge.

This is an appeal by the defendants from an adverse judgment in a suit for damages for alleged fraudulent representations resulting in a transfer of the plaintiff's property.

The Texas statute which was the basis of appellee Runkle's suit deals expressly with actionable fraud with regard to transactions in stock in corporations:

"Actionable fraud in this State with regard to transactions in real estate or in stock in corporations...

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