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EARMAN OIL CO., INC. v. BURROUGHS CORP.

No. 78-1785.

625 F.2d 1291 (1980)

EARMAN OIL COMPANY, INC. and Courtesy House, Inc., Florida Corporations, Plaintiffs-Appellants, v. BURROUGHS CORPORATION, a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1980.

Attorney(s) appearing for the Case

Calvin B. Brown, Ralph L. Evans, Vero Beach, Fla., for plaintiffs-appellants.

Smith, O'Haire, Thatcher & Quinn, Sherman N. Smith, III, Thomas Thatcher, Vero Beach, Fla., for defendant-appellee.

Before TUTTLE, BROWN and TATE, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Inappropriate for certification because of the unusual posture of the issues and their straightforward, settled nature,1 this case takes us down the Florida law spur of Erie R. R. v. Tompkins.2 A number of questions line the tracks. When is a lease not a lease? What effect should be given to the terms of a contract which was executory and was in a sense not carried out by...

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