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HUDSON OIL COMPANY OF MOBILE, INC. v. McLEOD

No. 27304.

424 F.2d 1269 (1970)

The HUDSON OIL COMPANY OF MOBILE, INC., Plaintiff-Appellant, v. W. W. McLEOD, Mae J. McLeod, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 20, 1970.

Attorney(s) appearing for the Case

H. Hayden Rector, Michael J. Salmon, Mobile, Ala., for plaintiff-appellant.

Jere Austill, Jr., Alvin McConnell, Mobile, Ala., for defendants-appellees.

Frederic D. Dassori, Washington, D. C., for Johnson Real Estate, Inc.

Before BELL, AINSWORTH and CARSWELL, Circuit Judges.

AINSWORTH, Circuit Judge.

In this diversity case plaintiff seeks a declaratory judgment and specific performance in connection with certain real property situated in the City of Mobile, Alabama. The District Court denied relief and we affirm.

In October 1955, appellees McLeod and wife entered into a written contract of lease of the property with one Matthew Suraci for rental of the property for a term of five years commencing November 1, 1955, with right of...

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