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AMERICAN FOUNDATION, INC. v. MOUNTAIN LAKE CORPORATION

No. 71-2522 Summary Calendar.

454 F.2d 200 (1972)

The AMERICAN FOUNDATION, INC., Plaintiff-Appellant, v. MOUNTAIN LAKE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1972.

Attorney(s) appearing for the Case

Macfarlane, Ferguson, Allison & Kelly, T. Paine Kelly, Jr., H. Vance Smith, Tampa, Fla., for plaintiff-appellant.

Stephen H. Grimes, Holland & Knight, Bartow, Fla., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

In this case we have carefully examined the order of the district court dismissing the plaintiff's action without prejudice, the record, briefs, and contentions of the parties. We are unable to conclude that the factual and legal conclusions of the district court are erroneous. A copy of the opinion of the district court is attached hereto as Appendix A.

Judgment affirmed.

APPENDIX A

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