HELLER v. NAMER

No. 79-2579.

666 F.2d 905 (1982)

Mitchell T. HELLER and M & M Investment Company, Plaintiffs-Appellees, v. David I. NAMER and National Financial Management, Inc., both d/b/a Financial Management Services, Defendants-Appellants. NATIONAL FINANCIAL MANAGEMENT SERVICES, INC., d/b/a Financial Management Services, Plaintiffs-Appellants, v. Mitchell T. HELLER, II, Mitchell T. Heller, III, Golden West Corporation, Inn Crowd and Kent White, Defendants-Appellees. FIDELITY FINANCIAL OF FLORIDA, INC., Plaintiff-Appellant, v. Mitchell T. HELLER, II, Mitchell T. Heller, III, Golden West Corporation, Inn Crowd and Kent White, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

February 1, 1982.


Attorney(s) appearing for the Case

Terry A. Bell, Gretna, La., for defendants-appellants.

Stone, Pigman, Walther, Wittmann & Hutchinson, Stephen H. Kupperman, Campbell C. Hutchinson, New Orleans, La., for defendants-appellees.

Before BROWN and POLITZ, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This diversity action arises from the alleged breach of a contract to secure from a savings and loan association a commitment to finance the acquisition of a hotel. As part of the contract, for processing the application fee, the finance company received two checks — the first of which was dishonored by the bank for payment and the second, a replacement for the dishonored check. Subsequently, the first check was re-presented by...

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