Claim That Beefmaster Bull Was a Closet Black Angus Dismissed With
Prejudice
Bryan v. Jones, 2:05cv109, 2005 WL 1189882 (May 19, 2005)
Division: Marshall
Judge: Leonard Davis
Holding: Defendants' Motion to Dismiss GRANTED
COMMENTS:
The next time someone says that the practice of law is dull, send them
this case.
This is a case brought by a Beefmaster breeder against the owner of a
champion Beefmaster bull named "Soul Man" claiming that "Soul Man" was
really a black angus, and not a Beefmaster at all. More specifically,
the dispute was over the fact that "Soul Man" was black instead of
brinnel, the color the plaintiff claimed "real" Beefmaster bulls
were.
This being East Texas, the plaintiff in this fight over what color a
cow should be was represented by her son in law. Since "Soul Man's"
semen was a hot commodity, so to speak, due to his champion status,
the plaintiff claimed that dissemination of his semen as being that of
a Beefmaster bull, when it was really not, harmed the breed, and hence
her business.
(Which is, essentially the issue UT graduates have with Texas Aggies,
but let's not go there right now). The defendant (who I am proud to
say I got to represent) filed a motion to dismiss under Rule 12(b)(6)
claiming that the complaint failed to state a claim on which relief
could be granted. Since the brief was written a little tongue in
cheek in honor of the unique facts of the case, including more
analysis of the closely analogous "cheerleader cases" than they ever
deserved, I have gotten a few requests for it - a copy is attached
here Download 00300_def_mtn_dismiss.pdf .
(I mean no disrespect to that line of cases, incidentally - again, in
Texas the issue of whether there is a protected Constitutional
interest in a fair and impartial cheerleading tryout is at least as
significant as arguing over whether a bull can be discriminated
against because he happened to be black).
Judge Davis granted the motion, holding that none of the plaintiff's
claims were cognizable under any recognized theory of tort or contract
law, and declined to find that they stated a violation of a protected
property interest.
At last re****t, "Soul Man" has returned to his enviable livelihood
wandering the meadows of his native Tennessee, his champion status
undisturbed by the U.S. District Court for the Eastern District of
Texas. Would that patent cases were all this much fun.
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