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SMITH v. AMERICAN MOTOR INNS OF FLORIDA, INC.

No. 75-1852.

538 F.2d 1090 (1976)

William R. SMITH, for himself and for the use and behalf of Hotel Kingmeyer Properties, Inc., an Ohio Corporation, and Your Host, Inc., Plaintiff-Appellee, Cross-Appellant, v. AMERICAN MOTOR INNS OF FLORIDA, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1976.

Attorney(s) appearing for the Case

Robert Orseck, Robert L. Parks, Miami, Fla., for defendant-appellant.

Wm. C. Cramer, Miami, Fla., F. Lawrence Matthews, Fort Lauderdale, Fla., for plaintiff-appellee.

Before DYER, SIMPSON and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Both parties to what was substantially an accounting action resulting from a rescinded contract for the sale of a Fort Lauderdale motel appeal certain items in the accounting. We affirm the district court's accounting in all respects except for failure to charge the purported purchaser for use and occupancy of the motel while he operated it for his own account. Differing with the district court as to the Florida law on this point, we hold a seller...

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