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FRIEDLANDER v. NIMS

No. 84-8110.

755 F.2d 810 (1985)

Herman FRIEDLANDER, etc., et al., Plaintiffs-Appellants, Cross-Appellees, v. Jerry C. NIMS, et al., Defendants-Appellees, Timex Corporation, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 19, 1985.

Attorney(s) appearing for the Case

Edward L. Greenblatt, Lipshultz, Frankel, Greenblatt, King & Cohen, Atlanta, Ga., Henry A. Brachtl, Richard B. Dannenberg, Lowey, Dannenberg & Knapp, New York City, for Herman Friedlander, etc., et al.

Richard Sinkfield, Rogers & Hardin, C.B. Rogers, Janice E. Garlitz, Atlanta, Ga., for J.C. Nims and Lo.

Kent E. Mast, Hansell, Post, Brandon & Dorsey, Atlanta, Ga., Ralph J. Savarese, Gaspare J. Bono, Jean M. Allison, Howrey & Simon, Washington, D.C., Kent E. Mast, Richard M. Kirby, Hansell & Post, Atlanta, Ga., for Timex.

Oscar Persons, Atlanta, Ga., for Nimslo, et al.

Thornton W. Morris, Atlanta, Ga., for Bostic.

Emmet J. Bondurant, II, Trotter, Bondurant, Miller & Hishon, Atlanta, Ga., for Seifert.

Before VANCE and ANDERSON, Circuit Judges, and PITTMAN, District Judge.

VANCE, Circuit Judge:

Appellant Friedlander contends that the district court erred in granting defendant Timex's motion to dismiss for failure to state a claim and for failure to plead fraud with particularity as required by Fed.R.Civ.P. 9(b). Because we find that appellant deliberately chose to forego his opportunity to cure the defects of his complaint despite specific and repeated warnings from the trial judge that such...

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