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THOMPSON AND WALLACE OF MEMPHIS v. FALCONWOOD CORP.

No. 95-10884.

100 F.3d 429 (1996)

THOMPSON AND WALLACE OF MEMPHIS, INC., et al., Plaintiffs-Counter Defendants, Thompson and Wallace of Memphis, Inc., Dawkins Trading, Inc., Jim Dawkins, and Carl G. Nichols, III, Plaintiffs-Counter Defendants-Appellees, v. FALCONWOOD CORPORATION, Defendant-Counter-Claimant, and Falconwood Financial Corporation and Falconwood Cotton Corporation, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 6, 1997.

Attorney(s) appearing for the Case

Donald M. Hunt, Lubbock, TX, for Thompson & Wallace of Memphis, Inc., Dawkins Trading, Inc., Jim Dawkins, and Carl G. Nichols, III.

Ronnie Lynn Agnew, Agnew & Reed, Lubbock, TX, for Falconwood Corp., Falconwood Financial Corp., and Falconwood Cotton Corp.

Cecil C. Kuhne, Jr., Crenshaw, Dupree & Milam, Lubbock, TX, for Falconwood Financial Corp.

H. Peter Haveles, Jr., Cadwalader, Wickersham & Taft, New York City, for Falconwood Financial Corp. and Falconwood Cotton Corp.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Falconwood Financial Corporation ("Falconwood Financial") and Falconwood Cotton Company ("Falconwood Cotton") (collectively "Falconwood") appeal a judgment on an adverse jury verdict for deceptive trade practices, negligence, and breach of fiduciary duty and on their two counterclaims. We affirm as to one counterclaim, reverse as to all other claims, and remand for a new trial.

I.

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