DEAUVILLE CORP. v. GARDEN SUBURBS GOLF & COUNTRY C.

No. 12039.

165 F.2d 431 (1948)

DEAUVILLE CORPORATION v. GARDEN SUBURBS GOLF & COUNTRY CLUB, Inc.

Circuit Court of Appeals, Fifth Circuit.

January 8, 1948.


Attorney(s) appearing for the Case

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

A. Frank Katzentine, Alonzo Wilder and W. Sanders Gramling, all of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


PER CURIAM.

The motion filed by appellant asks us (1) to reverse the judgment appealed from and give it possession of the leased property; or (2) to affirm the judgment as rendered; or (3) to strike from our opinion the last two pages as being dictum and tending to confuse other litigation between the parties.

We cannot do the first, because for the reasons already given appellant is not entitled to a statutory eviction; nor to a recovery of possession under...

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