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SHERMAN v. HALLBAUER

No. 71-2047.

455 F.2d 1236 (1972)

Kendall SHERMAN and Arthur Sherman, Jr., Plaintiffs-Appellants, v. Fred H. HALLBAUER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 16, 1972.

Attorney(s) appearing for the Case

Edward R. Downing, Miami, Fla., for plaintiffs-appellants.

Roland R. Parent, Smathers & Thompson, Miami, Fla., for defendant-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This is not the ordinary reversal of a district court's decision granting summary judgment against plaintiffs whose complaint stated a cause of action upon which the case should have gone to trial. The bizarre feature of the case is that the plaintiffs insisted — until the waning moments of the pre-trial proceedings — upon construing the hazy factual scenario so that it stated, at best, only a tenuous legal claim under Florida...

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