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SERNA, INC. v. HARMAN

No. 82-1165.

742 F.2d 186 (1984)

SERNA, INC., Plaintiff-Appellee Cross-Appellant, v. Paul C. HARMAN, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1984.

Attorney(s) appearing for the Case

Cox & Smith, Inc., William R. Simcock, Stanley E. Crawford, Jr., San Antonio, Tex., for defendant-appellant cross-appellee.

Serna, Inc., San Antonio, Tex., F.J. Stenberg, San Antonio, Tex., for plaintiff-appellee cross-appellant.

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

In this diversity action, defendant appeals the district court's judgment after a nonjury trial, awarding plaintiff damages of $43,825.08, plus attorney's fees and prejudgment interest, for breach of an oral agreement to purchase ten Charolais cows and their calves. Plaintiff cross-appeals, alleging that the district court erred in failing to award damages with respect to a cow and two calves whose resale violated section 2.706 of the Texas...

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