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PETERSON v. THARP

No. 18807.

299 F.2d 434 (1962)

L. K. PETERSON et al., Appellants, v. Herbert E. THARP, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 15, 1962.

Attorney(s) appearing for the Case

William H. Scott, Jr., Fred Much, Houston, Tex., for appellants.

W. Ervin James, Houston, Tex., Thomas E. Skinner, Birmingham, Ala., Wilkinson & Skinner, Birmingham, Ala., Hofheinz, Sears, James & Burns, Houston, Tex., of counsel, for appellee.

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

JOSEPH C. HUTCHESON, Jr., Circuit Judge.

This case arose as a suit for an accounting by plaintiff Tharp against his partner, defendant Peterson, and certain corporate defendants owned solely by Peterson. Tried to the court on jury waiver on charges of fraud and overreaching, there was a judgment for plaintiff against defendants for the sum of $82,607.42, and defendants appealed.

Tharp and Peterson entered into a written partnership agreement on August 7, 1946...

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