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CHARLES L. BOWMAN & COMPANY v. ERWIN

No. 71-3403.

468 F.2d 1293 (1972)

CHARLES L. BOWMAN & COMPANY, a Michigan corporation, Plaintiff-Appellant, v. C. Ward ERWIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 6, 1972.

Attorney(s) appearing for the Case

Jose E. Martinez, William E. Sadowski, Miami, Fla., for plaintiff-appellant.

J.T. Blackard, Jackson L. Peters, Miami, Fla., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

Charles Bowman and Company (Bowman and Company) instituted this diversity suit in the United States District Court for the Southern District of Florida to recover from C. Ward Erwin approximately $21,000 due under a promissory note executed by Erwin and held by Bowman and Company. Erwin counter-claimed that Bowman and Company had wrongfully received about $72,000 in royalty checks, made payable to Bowman Feed Products (Bowman Feed) and endorsed...

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