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MOORE v. MIDGETTE

Nos. 10806-10808.

375 F.2d 608 (1967)

Edwin G. MOORE, II and Maribelle R. Moore, Appellants, v. Mary Q. MIDGETTE (as Personal Representative of Elizabeth Q. Parkerson, Deceased) et al., Appellees. Edwin G. MOORE, II and Maribelle R. Moore, Appellees, v. CONTINENTAL INSURANCE CO. et al., (two cases), Appellants.

United States Court of Appeals Fourth Circuit.

Decided March 23, 1967.

Attorney(s) appearing for the Case

Charles C. Shaw, Jr., Elizabeth City, N. C. (George Eric Rosden, Washington, D. C., and Leroy, Wells, Shaw & Hornthal, Elizabeth City, N. C., on brief), for Edwin G. Moore and Maribelle R. Moore.

John H. Hall, Elizabeth City, N. C. (Forrest V. Dunstan, Elizabeth City, N. C., on brief), for appellees Midgette and Kellogg.

J. Kenyon Wilson, Jr., Elizabeth City, N. C., for the insurance companies.

Before HAYNSWORTH, Chief Judge, and BELL and WINTER, Circuit Judges.

WINTER, Circuit Judge.

Edwin G. Moore, II and Maribelle R. Moore, his wife, plaintiffs in the court below, appeal from a decree denying rescission of a contract of purchase and sale for certain hotel properties located at Nags Head, Dare County, North Carolina. The suit they instituted was filed against Elizabeth Q. Parkerson, the seller of the hotel properties, and Martin Kellogg, Trustee under a purchase money deed of trust...

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