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XRT, INCORPORATED v. KRELLENSTEIN

No. 71-1540 Summary Calendar.

448 F.2d 772 (1971)

XRT, INCORPORATED, a Delaware Corporation, et al., Plaintiffs-Appellants, v. Hyman KRELLENSTEIN, Chester Krellenstein, a/k/a Chester Kay, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied October 13, 1971.

Attorney(s) appearing for the Case

Richard E. Reckson, of Heiman & Crary, P. A., Miami, Fla., for plaintiffs-appellants.

Knight, Underwood, Peters, Hoeveler & Pickle, Richard L. Lapidus, Fine, Jacobson & Block, Irwin J. Block, Barry N. Semet, Wm. M. Hoeveler, Miami, Fla., for defendants-appellees.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM:

This appeal is from the grant of summary judgment in favor of defendants in a suit claiming fraud in the sale of a business. The judgment for the principal, Hyman Krellenstein, is affirmed. The judgment in favor of the certified public accountants, David Shapiro and his co-partners, doing business as David Shapiro & Company, was premature and must be reversed.

The prematurity is in the form of the failure of the district court to require production...

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