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NATIONAL HISPANIC CIRCUS v. REX TRUCKING, INC.

No. 04-41217.

414 F.3d 546 (2005)

The NATIONAL HISPANIC CIRCUS, INC., A New York not-for-profit Corporation, Plaintiff-Counter Defendant-Appellee, v. REX TRUCKING, INC., etc.; et al., Defendants, Mason & Dixon Lines, Inc., Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 2005.

Attorney(s) appearing for the Case

Stephen Jeffrey Chapman (argued), Barker, Leon, Fancher & Matthys, Corpus Christi, TX, for Plaintiff.

Jonathan F. Ball (argued), Paul David Keenan, Janssen, Keenan & Ciardi, Philadelphia, PA, for Defendant.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Defendant—Counter Claimant—Appellant Mason & Dixon Lines, Inc. ("Mason") challenges a jury verdict and damages awarded in favor of Plaintiff-Counter Defendant-Appellee the National Hispanic Circus (the "Circus"). We affirm.

This dispute arises out of a missing set of circus bleachers, lost somewhere between Texas and Chicago while in the care of Mason. The Circus regularly employed Mason's trucks and drivers to transport...

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