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FAIRWAY CENTER CORPORATION v. U. I. P. CORPORATION

No. 73-1773.

502 F.2d 1135 (1974)

FAIRWAY CENTER CORPORATION, Appellant, v. U. I. P. CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1974.

Attorney(s) appearing for the Case

Edward W. Dailey, Burlington, Iowa, for appellant.

J. C. Riley, Burlington, Iowa, for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

ROSS, Circuit Judge.

This is an action by Fairway Center Corporation (Fairway), originally brought in Iowa state court, seeking specific performance of an alleged contract for the sale by it of the Fairway Center shopping center in Burlington, Iowa, to the U.I.P. Corporation (UIP). This action was removed by UIP to the federal district court under 28 U.S.C. § 1441. Jurisdiction is based on diversity of citizenship.

After a trial to the court the district...

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