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IDEAL STRUCTURES CORP. v. LEVINE HUNTSVILLE DEVELOP. CORP.

No. 23668.

396 F.2d 917 (1968)

IDEAL STRUCTURES CORPORATION, Appellant, v. LEVINE HUNTSVILLE DEVELOPMENT CORPORATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 19, 1968.

Attorney(s) appearing for the Case

J. Robert Miller, Culver & Miller, Huntsville, Ala., for appellant.

Ernest L. Potter, Jr., Bell, Richardson, Cleary, McLain & Tucker, Huntsville, Ala., for appellees.

Before RIVES, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

This is a diversity case involving the statute of frauds. The district court, sitting as an Alabama court, adumbrated changes and predicted law to come in Alabama vis-a-vis its choice of law. The court thus rejected the application of the New York statute of frauds and applied the Alabama statute of frauds. Envisioning no escape from the strictures of the Alabama statute, the district court granted a summary judgment. Ideal Structures Corp...

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