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DALLAS CABANA, INC. v. HYATT CORPORATION

No. 29641.

441 F.2d 865 (1971)

DALLAS CABANA, INC., Plaintiff-Appellant, v. HYATT CORPORATION and Donald N. Pritzker, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 7, 1971.

Attorney(s) appearing for the Case

Jim K. Choate, Dallas, Tex., for plaintiff-appellant.

D. Marshall Simmons, Thomas W. Luce, III, Jenkens, Spradley & Gilchrist, Dallas, Tex., Steinhart, Goldberg, Feigenbaum & Ladar, San Francisco, Cal., for defendants-appellees.

Before JONES, GEWIN and CLARK, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Dallas Cabana, Inc. (herein, Bankrupt) instituted this cause of action against Hyatt Corporation (Hyatt) and its president, Donald N. Pritzker (Pritzker), alleging that they and others conspired to acquire the Dallas Cabana Hotel (Hotel) at a price substantially below its fair market value by fraudulently causing the Hotel to be adjudicated a bankrupt.1 In the complaint, the Bankrupt demanded an accounting...

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