Thomas Wells v. J-M Manufacturing Co., Inc., No. 15-20543 (5th Cir. 2016)

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Case: 15-20543 Document: 00513547162 Page: 1 Date Filed: 06/14/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-20543 FILED June 14, 2016 Lyle W. Cayce Clerk THOMAS M. WELLS, as Trustee of the David F. Bolger Revocable Trust, Plaintiff–Appellee, v. J–M MANUFACTURING COMPANY, INCORPORATED, Doing Business as JM Eagle, Defendant–Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CV-1548 Before SMITH, BARKSDALE, and COSTA, Circuit Judges. PER CURIAM: * This dispute over a commercial lease was tried to a jury after full pleading and discovery. The lessee was found liable for breach of contract. It appeals, raising its objection to the jury charge regarding the question of wear and tear on the premises. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-20543 Document: 00513547162 Page: 2 Date Filed: 06/14/2016 No. 15-20543 We have reviewed the briefs and applicable portions of the record and have heard the extensive arguments of counsel. Assuming arguendo that the jury-charge issue was properly preserved, the portion of the charge that is complained of, viewed in the context of the whole charge and the trial proceedings, was not error. The parties received a fair trial that judiciously resolved the dispute. The judgment is AFFIRMED. 2

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