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GENTRY v. SMITH

No. 72-2903.

487 F.2d 571 (1973)

Hoyte GENTRY and N. R. Johnston, Plaintiffs-Appellees, v. William R. SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 20, 1973.

Attorney(s) appearing for the Case

F. Lawrence Matthews, Miami, Fla., for defendant-appellant.

Aaron Podhurst, Robert Orseck, Miami, Fla., for plaintiffs-appellees.

Before WISDOM, GEWIN and CLARK, Circuit Judges.

WISDOM, Circuit Judge:

This diversity contract action involves questions of rescission and assessment of damages under Florida law, and proper joinder of parties under the Federal Rules of Civil Procedure. William Smith, defendant-appellant, agreed to purchase from plaintiffs-appellees, Hoyte Gentry and N. R. Johnston, their stock in American Motor Inns of Florida, Inc., a Florida corporation which had as its sole asset a motel in Fort Lauderdale. As putative purchaser...

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