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HATHCOCK v. G & M BUILDERS, INC.

No. 77-1623.

601 F.2d 846 (1979)

Roy HATHCOCK, Plaintiff-Appellee, v. G & M BUILDERS, INC., et al., Defendants-Appellees, Cross-Appellants, v. DAN McKINNEY BRITISH MOTORS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 1979.

Attorney(s) appearing for the Case

E. Stephen Williams, Pat H. Scanlon, Jackson, Miss., for Dan McKinney British Motors, Inc.

William M. Bost, Jr., Vicksburg, Miss., for G & M Builders, Inc.

Marshall E. Hanbury, Stephen Beach, III, Stephen L. Beach, Jackson, Miss., for Roy Hathcock.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

On December 12, 1975, Roy Hathcock purchased a 1972 Mercedes-Benz from Dan McKinney British Motors, Inc., which in turn had purchased the automobile from G & M Builders, Inc. The odometer reading was 23,699 miles on the date of Hathcock's purchase, although the car in fact had traveled over 102,000 miles. While the car was owned by G & M Builders, the odometer broke and was replaced. Hathcock brought suit against Dan McKinney British Motors...

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