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ERISTAVI-TCHITCHERINE v. LASSER

No. 11978.

164 F.2d 144 (1947)

ERISTAVI-TCHITCHERINE et al. v. LASSER et al.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1947.

Attorney(s) appearing for the Case

J. M. Flowers, John M. Murrell and Edward E. Fleming, all of Miami, Fla., for appellants.

R. H. Ferrell and A. N. Spence, both of Miami, Fla., Charles Danton and James Lathero, both of Miami Beach, Fla., and Samuel H. Rubin, of Detroit, Mich., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Appealing from a judgment rendered April 24, 1947, for specific performance granted on the pleadings,1 appellants are here insisting that the case was not one for determination on the pleadings but for trial on the merits and that, upon proof of the facts the pleadings put in issue, specific performance ought to, and would, have been denied.

On November 12, 1946...

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