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GENERAL ELECTRIC CREDIT CORPORATION v. GRUBBS

No. 74-3186.

513 F.2d 783 (1975)

GENERAL ELECTRIC CREDIT CORPORATION, Plaintiff-Appellant, v. T. R. GRUBBS d/b/a T. R. Grubbs Tire & Appliance, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 2, 1975.

Attorney(s) appearing for the Case

H. Dee Johnson, Jr., Hubert D. Johnson, Dallas, Tex., for plaintiff-appellant.

J. R. Cornelius, Jefferson, Tex., James R. Cornelius, Jr., Lufkin, Tex., for defendant-appellee.

B. A. Britt, Jr., Texarkana, Tex., for Goodyear Tire.

J. W. Falvey, Jr., Longview, Tex., for EAC Credit Corp.

Before CLARK, Associate Justice, and GOLDBERG and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 2, 1975.

PER CURIAM:

The judgment of the trial court is affirmed. Careful examination of the record shows that the trial judge's findings are not clearly erroneous. As to the claim of appellant that any award of damages in excess of $20,000 was foreclosed by Grubbs' failure to cross-appeal and complain of the initial award in this amount (which was specifically denied by the trial judge by order dated February 26...

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