CALLOWAY v. MANION

No. 76-3047.

572 F.2d 1033 (1978)

R. W. CALLOWAY, Plaintiff-Appellant, v. Tommy MANION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 1978.


Attorney(s) appearing for the Case

John H. McElhaney, Dallas, Tex., for plaintiff-appellant.

Tom Thomas, James W. Massie, III, James W. Lee, III, Dallas, Tex., Felson Bowman, Indianapolis, Ind., for defendant-appellee.

Before THORNBERRY, AINSWORTH and MORGAN, Circuit Judges.


THORNBERRY, Circuit Judge:

This diversity suit concerns a horse trade gone lame. Plaintiff-appellant Calloway traded Red Rose Ray, a gelding, to defendant-appellee Manion in exchange for Our Candy Barett, a mare. At the time of the trade, Manion, a professional horse dealer, pointed out some degree of swelling around Our Candy Barett's hock.1 Calloway testified that Manion stated the swelling was "not a problem". After the exchange, the...

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