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IND. DEV. BD. OF TN. OF SECTION, ALA. v. FUQUA INDUS., INC.

No. 74-2336.

523 F.2d 1226 (1976)

The INDUSTRIAL DEVELOPMENT BOARD OF the TOWN OF SECTION, ALABAMA, et al., Plaintiffs-Appellants, v. FUQUA INDUSTRIES, INC., et al., Defendants-Appellees. The INDUSTRIAL DEVELOPMENT BOARD OF the CITY OF FORT PAYNE, ALABAMA, et al., Plaintiffs-Appellants, v. FUQUA INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1976.

Attorney(s) appearing for the Case

Robert B. Donworth, Jr., Allen Poppleton, Birmingham, Ala., for plaintiffs-appellants.

John E. Grenier, Birmingham, Ala., for Fuqua, St. Paul, Marine Ins. & Varco.

S. R. Starnes, Birmingham, Ala., Flavius B. Freeman, Springfield, Mo., for Rock Steel & Dewitt-Newton.

Before WISDOM, SIMPSON and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

In this diversity action the district court directed verdicts against two plaintiffs, The Industrial Development Boards of the Town of Section, Alabama, and the City of Fort Payne, Alabama (Boards), on four counts of a multi-count complaint and directed a verdict against one plaintiff, Phillips-Van Heusen Corporation (Van Heusen), on two counts of its complaint. One of Van Heusen's counts was submitted to the jury, which found for the defendant...

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