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MERCER v. LONG MFG. N.C., INC.

No. 79-2346.

665 F.2d 61 (1982)

Bill MERCER, Plaintiff-Appellee, v. LONG MFG. N.C., INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

January 4, 1982.

Attorney(s) appearing for the Case

Clyde E. Bracken, Philip R. Russ, Dallas, Tex., for defendant-appellant.

Sheehy, Lovelace & Mayfield, Philip E. McCleery, Waco, Tex., for plaintiff-appellee.

Before BROWN, COLEMAN and GEE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this appeal, Long Manufacturing (Long), the manufacturer of a peanut combine, challenges the judgment entered against it as being based on inconsistent answers to special interrogatories under F.R.Civ.P. 49(a). The case was submitted to the jury by general charge with four special interrogatories, one for each of the three theories of liability — (i) breach of warranty, (ii) violation of the Texas Deceptive Trade Practices ...

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