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HOLLYWOOD GOLF ESTATES, INC. v. NELLO L. TEER COMPANY

No. 21983.

353 F.2d 485 (1965)

HOLLYWOOD GOLF ESTATES, INC., Appellant, v. NELLO L. TEER COMPANY and United States Fidelity & Guaranty Company, Appellees. NELLO L. TEER COMPANY and United States Fidelity & Guaranty Company, Appellants, v. HOLLYWOOD GOLF ESTATES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

November 15, 1965.

Attorney(s) appearing for the Case

L. J. Cushman, Lewis Horwitz, Shepard Broad, Broad & Cassel, Lewis Horwitz, Miami Beach, Fla., for appellant and cross-appellee Hollywood Golf Estates, Inc.

Joseph A. McGowan, Wesley G. Carey, Miami, Fla., Charles B. Nye, Durham, N. C., Carey, Terry, Dwyer, Austin, Cole & Stephens by Edward A. Perse, Miami, Fla., for appellees-appellants Teer and U.S.F. & G.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and CARSWELL, District Judge.

THORNBERRY, Circuit Judge:

This is the second appeal of this case to this Court, the case having been affirmed in part and reversed and remanded in part when considered previously. See Nello L. Teer Company v. Hollywood Golf Estates, Inc., 324 F.2d 669 (5th Cir. 1963).

On December 23, 1959, Hollywood Golf Estates (hereinafter referred to as Estates) and the Nello L. Teer Company (hereinafter referred to as Teer) entered into...

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