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BERRY v. McLEMORE

No. 85-4421.

795 F.2d 452 (1986)

Earl BERRY, Plaintiff-Appellant, v. Jimmy McLEMORE, et al., Defendants, Town of Maben, Mississippi and New Hampshire Insurance Co., Garnishee-Appellees.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.

Attorney(s) appearing for the Case

Jim Waide, Estes & Waide, Tupelo, Miss., for plaintiff-appellant.

H. Russell Rogers, Ward & Rogers Starkville, Miss., for New Hampshire Ins. Co.

Thomas Coleman, Ackerman, Miss., for Maben.

Before WILLIAMS, JOLLY, and HIGGINBOTHAM, Circuit Judges.

OPINION

E. GRADY JOLLY, Circuit Judge:

In 1982, as a result of a district court judgment and this court's decision, James McLemore was held liable to Earl Berry for $10,000 in damages plus attorney and expert witness fees. See Berry v. McLemore, 670 F.2d 30 (5th Cir.1982) (Berry I). When McLemore failed to pay this judgment, Berry filed a suggestion for a writ of garnishment...

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