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WATSON v. McCABE

No. 75-1319.

527 F.2d 286 (1975)

James B. WATSON, Jr., Trustee, Plaintiff-Appellant, v. Charles M. McCABE et al., Defendants-Appellees, Joe N. Butler, Jr. and Dorthy B. Butler, Third-Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1975.

Rehearing Denied January 22, 1976.

Attorney(s) appearing for the Case

Fyke Farmer, Nashville, Tenn., for plaintiff-appellant.

David G. Gray, Hunter Short, Charles H. Anderson, U. S. Atty., Martha Johnson, Stewart Kresge, Nashville, Tenn., for defendants-appellees.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

Appellant seeks reversal of the District Court's dismissal of his action seeking specific performance of an oral contract for the sale of realty and personalty. A brief summary of the facts will suffice as the facts are not in dispute and a thorough statement is contained in the District Court's opinion. Watson v. McCabe, 381 F.Supp. 112 (M.D.Tenn. 1974).

The Small Business Administration (SBA) held a second mortgage on the...

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