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INTER-CONTINENTAL PROMO. v. MIAMI BEACH FIRST NAT. BANK

No. 29404.

441 F.2d 1356 (1971)

INTER-CONTINENTAL PROMOTIONS, INC., Plaintiff-Appellee, v. The MIAMI BEACH FIRST NATIONAL BANK and Fred R. Baisden, as Executors of the Last Will and Testament of William B. MacDonald, Jr., deceased, etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 19, 1971.

Attorney(s) appearing for the Case

Irving B. Levenson, Marion E. Sibley, Sibley, Giblin, Levenson & Ward, Miami Beach, Fla., for defendants-appellants.

Hansford D. Tyler, Jr., David D. Phillips, Mallory Horton, Horton & Schwartz, Miami, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and AINSWORTH, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied May 19, 1971.

AINSWORTH, Circuit Judge:

This Florida diversity matter is before us a second time. On the first occasion we reversed the District Judge, who granted defendants' motion to dismiss for failure to state a claim, and remanded the case for trial on the merits. See Inter-Continental Promotions, Inc. v. MacDonald, 5 Cir., 1966, 367 F.2d 293. Accordingly, a trial was held...

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