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HENDERSON v. HAYDEN, STONE INCORPORATED

No. 71-2971.

461 F.2d 1069 (1972)

Alex D. HENDERSON, III, Plaintiff-Appellant, v. HAYDEN, STONE INCORPORATED, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 1972.

Attorney(s) appearing for the Case

H. J. Frazier, Frazier, Tiballi & Schroeder, Ft. Lauderdale, Fla., Morgan, Carratt & O'Connor, Harry G. Carratt, Fort Lauderdale, Fla., for plaintiff-appellant.

Smathers & Thompson, Miami, Fla., for Witt and Hayden, Stone.

Cromwell A. Anderson, Miami, Fla., Glenville Haldi, Atlanta, Ga., for Whittaker and Pope.

Thomas Tew, Jeffrey Allen Tew, Tew, Tew, Rozen & Murray, Miami, Fla., for Richard Perry.

Before WISDOM, GOLDBERG and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The facts of this case and the proceedings in the lower court are adequately detailed in the memorandum opinion of the district court reproduced in part below. Because we differ with some of the legal conclusions to be drawn from these facts, we reverse in part and affirm in part.

This matter was tried by the Court on plaintiff [Alex Henderson, III]'s prayer for rescission of the contract he entered into on March 3, 1969, for the purchase...

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