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SCHERR v. POWELL

No. 25974.

406 F.2d 749 (1969)

Maurice SCHERR et al., Appellants, v. Ralph C. POWELL, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 13, 1969.

Attorney(s) appearing for the Case

Robert Dyer, Egerton K. van den Berg, van den Berg, Gay, Burke & Dyer, Orlando, Fla., for appellants.

C. S. Carrere, Orlando, Fla., Thomas C. MacDonald, Jr., Tampa, Fla., for appellee; Shackleford, Farrior, Stallings & Evans, Tampa, Fla., Gurney, Gurney & Handley, Orlando, Fla., Kerr & Smith, Spartanburg, S. C., of counsel.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.

PER CURIAM:

This is an appeal from a judgment of the District Court granting plaintiff Powell's motion for summary judgment on the ground that the failure of defendant Scherr to make certain payments required under a contract existing between the parties terminated the agreement in accordance with its terms.

The parties to this litigation executed a contract under the terms of which Powell, among other things, agreed...

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