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MACK v. NEWTON

No. 82-1270.

737 F.2d 1343 (1984)

Theodore MACK, Receiver, Plaintiff-Appellee-Cross-Appellant, v. Wade NEWTON, et al., Defendants-Third-Party Plaintiffs-Appellants. EQUICO LESSORS, INC., Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, v. G.J. ROBERTS, Sr., Third-Party Defendant-Appellee, Brazos Enterprises, Inc., Third-Party Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 1984.

Attorney(s) appearing for the Case

Woodburn & Sullivan, G. Dennis Sullivan, Charles B. Hendricks, Dallas, Tex., for Equico Lessors, Inc., and Mesker and Newton.

Law, Snakard, Brown & Gambill, Robert M. Randolph, J. Robert Green, Jr., G. Parker Young, Fort Worth, Tex., for G.J. Roberts, Sr. and Brazos Enterprises, Inc.

Rufus Garrett, Fort Worth, Tex., for Theodore Mack, Receiver.

Before RUBIN, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

In this suit plaintiffs, Brazos Enterprises, Inc., and Theodore Mack, Trustee in Bankruptcy of Dairyland, Inc., sought recovery against defendants, Equico Lessors, Inc., Wade Newton, and Bill Mesker, on the basis of civil conspiracy, conversion, fraudulent conveyances, and usury. Following a jury trial, the trial court rendered judgment for actual and exemplary damages against defendants, but denied any recovery for usury. Defendants appeal...

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