FIRST v. ROLLING PLAINS IMPLEMENT CO.

No. 23-10635.

108 F.4th 262 (2024)

John Craig FIRST, Individually, also known as Craig First, Plaintiff-Appellant, v. ROLLING PLAINS IMPLEMENT COMPANY, INCORPORATED; AGCO Corporation; AGCO Finance, L.L.C.; AGCO Service, a Subsidiary of AGCO Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 11, 2024.


Attorney(s) appearing for the Case

Samuel Hatfield Winston, Evan James Bergeron (argued), Jeigh Lynn Britton (argued), Winston Bergeron, L.L.P., New Orleans, LA, Kevin T. Bennett, Oklahoma City, OK, for Plaintiff-Appellant.

Brandon P. Wilson (argued), Christopher M. Murphy, Clinton D. Whitworth, Whitworth, Wilson & Evans P.L.L.C., Edmond, OK, Charles Dunham Biles, Esq., Biles Wilson, P.L.L.C., Heath, TX, for Defendant-Appellee Rolling Plains Implement Company, Incorporated.

Steven Jacob Carroll (argued), Nelson Mullins Riley & Scarborough, L.L.P., Atlanta, GA, Matthew David Anderson, Sherrill & Gibson, P.L.L.C., Wichita Falls, TX, for Defendants-Appellees AGCO Corporation, AGCO Service.

James Vogt (argued), Reynolds, Lisa Robertson, Ridings, Vogt & McCart, P.L.L.C., Oklahoma City, OK, for Defendant-Appellee AGCO Finance, L.L.C.

Before Higginbotham, Stewart, and Higginson, Circuit Judges.


Defendant Rolling Plains sold an agricultural combine manufactured by AGCO Corporation to John Craig First. Asserting that he was misled as to the combine's quality and condition, First filed suit. We VACATE and REMAND in part and AFFIRM in part.

I.

A.

Defendant AGCO Corporation...

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