Legal Opinion

Blue Sky L. Rep. P 70,727 Z. P. Chagas v. John J. Berry, John J. Berry v. Ervin W. Atkerson

Court of Appeals for the Fifth Circuit

Decided December 12, 1966No. 23346_1PublishedCited by 25 opinions

1Opinion of the Court

COLEMAN, Circuit Judge:

John J. Berry sued Mrs. Z. P. Chagas and Ervin W. Atkerson for damages for fraud allegedly perpetrated upon him in various transactions centered around his efforts to acquire the Crown Hill Memorial Cemetery in Dallas, Texas. There was a directed verdict in favor of Atker-son, which will be affirmed. There was a jury verdict and judgment against Mrs. Chagas, which must be reversed and remanded for a new trial.

The complaint charged actionable fraud under Vernon’s Ann.Tex.Civ.Stat., Art. 4004. 1 It also charged common law fraud 2 and violation of the Texas Securities Act,…

2Cases cited6 opinions

Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
Wilson v. JonesTexas Commission of Appeals · 1932
C. C. Duke and C. T. Duke v. Sun Oil Company and Pan American Petroleum CorporationCourt of Appeals for the Fifth Circuit · 1963
Weymouth v. Colorado Interstate Gas Co.Court of Appeals for the Fifth Circuit · 1966
United States v. 353 Cases Mountain Valley Mineral Water Mountain Valley Sales Company, a Corporation, John G. Scott, and H. B. McFarlingCourt of Appeals for the Eighth Circuit · 1957

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1980
Jamison Co. v. Westvaco Corp.Court of Appeals for the Fifth Circuit · 1976
Wratchford v. S. J. Groves & Sons Co.Court of Appeals for the Fourth Circuit · 1969
Sheppard Federal Credit Union v. Michael A. PalmerCourt of Appeals for the Fifth Circuit · 1969

20 more not listed; retrieve them via the Exa API.