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FERRIS v. HAYMORE

Nos. 91-1412, 91-1420.

967 F.2d 946 (1992)

Alfred J. FERRIS, Plaintiff-Appellant, v. Dean HAYMORE; Lucille Inman, Defendants-Appellees, Western Surety Company, Defendant & Third Party Plaintiff-Appellee, and Carl Edward Simmons, d/b/a Simmons Auto Sales, individually; Clarence B. Inman, "Bill," t/a Inman Motors; Myrtle Inman; Dorothy M. Simmons, Defendants. Alfred J. FERRIS, Plaintiff-Appellee, v. WESTERN SURETY COMPANY, Defendant & Third Party Plaintiff-Appellant, and Dean Haymore; Lucille Inman; Carl Edward Simmons, d/b/a Simmons Auto Sales, individually; Clarence B. Inman, "Bill," t/a Inman Motors; Myrtle Inman, Defendants, v. Dorothy M. SIMMONS, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1992.

As Amended July 22, 1992.

Attorney(s) appearing for the Case

William Hanry Shewmake, Coates & Davenport (Malcolm P. McConnell, Coates & Davenport, Anton J. Stelly, Thompson, Smithers, Newman & Wade, Richmond, Va., on the brief) for plaintiff-appellant.

William Watts Walker, Craige, Brawley, Liipfert & Ross, Winston-Salem, N.C., for defendants-appellees.

Before WIDENER and LUTTIG, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Alfred J. Ferris appeals and Western Surety Company crossappeals from a judgment of the United States District Court for the Middle District of North Carolina in an action arising out of the fraudulent rollback of an automobile odometer. Ferris, the purchaser of the automobile, appeals various rulings of the district court that reduced his recovery. Western cross-appeals the court's refusal to grant summary judgment in its...

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