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DILLARD DEPT. STORES, INC. v. FIDELITY UNION LIFE INS. CO.

No. 74-2020.

508 F.2d 331 (1975)

DILLARD DEPARTMENT STORES, INC., Plaintiff-Appellee-Cross Appellant, v. FIDELITY UNION LIFE INSURANCE CO., and Mayflower Investment Co., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

February 19, 1975.

Attorney(s) appearing for the Case

Jerry L. Beane, Royal H. Brin, Jr., Dallas, Tex., for defendants-appellants-cross appellees.

Richard Grainger, Mike Hatchell, Tyler, Tex., for plaintiff-appellee-cross appellant.

Before GOLDBERG and RONEY, Circuit Judges, and LYNNE, District Judge.

PER CURIAM:

In 1969 I. Boyd Ridgeway was developing a shopping center in Tyler, Texas in joint venture with defendant Mayflower Investment Company [Mayflower]. Defendant Fidelity Union Life Insurance Company [Fidelity], of which Mayflower was a subsidiary, was to secure financing for the project. Plaintiff, Dillard Department Stores, Inc. [Dillard] contracted with Ridgeway for space in the Tyler center. The project collapsed and Dillard arranged to lease from another...

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