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SMITH v. KERRVILLE BUS CO., INC.

No. 86-2110. Summary Calendar.

799 F.2d 1079 (1986)

Ben SMITH, Plaintiff-Appellant, v. KERRVILLE BUS COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1986.

Attorney(s) appearing for the Case

Mendelsohn, Heidelberg & Beer, Inc., James M. Heidelberg, San Antonio, Tex., for plaintiff-appellant.

Shelton Padgett, San Antonio, Tex., for defendant-appellee.

Before POLITZ, JERRE S. WILLIAMS, and EDITH HOLLAN JONES, Circuit Judges.

OPINION

POLITZ, Circuit Judge:

For the third time, Benjamin H. Smith appeals a judgment of the district court dismissing his breach of contract action. In the prior instances Smith prevailed. This time the appeal is from a judgment based on an adverse jury verdict and we affirm.

Background

Following an audit which disclosed a shortage of cash fares of just under ten dollars, Smith, who had driven for Kerrville Bus Company for 26...

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