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BILLINGSLEY v. MACKAY

No. 22996.

382 F.2d 290 (1967)

Henry E. BILLINGSLEY, Appellant, v. Richard L. MACKAY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 4, 1967.

Attorney(s) appearing for the Case

Sol Goodell, Dallas, Tex., for appellant, Thompson, Knight, Simmons & Bullion, Dallas, Tex., of counsel.

Philip I. Palmer, Jr., Dallas, Tex., for appellee, Palmer, Green, Palmer & Gilmore, Dallas, Tex., of counsel.

Before JONES and COLEMAN, Circuit Judges, and HEEBE, District Judge.

PER CURIAM.

The appellant, Henry E. Billingsley, sued the appellee, Richard L. Mackay, upon a promissory note for $15,000 given by Mackay to B. D. Fitzgerald from whom Billingsley purchased the note for $12,000. Federal jurisdiction is based upon diversity of citizenship. On a trial without a jury the district court rendered judgment for Mackay. The judgment is affirmed. Fitzgerald procured the note from Mackay through fraud. At the time Mackay

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