SHARLITT v. GORINSTEIN

No. 75-4354 Summary Calendar.

535 F.2d 282 (1976)

Joseph H. SHARLITT and Neal E. Krucoff, Plaintiffs-Appellants, v. Joseph B. GORINSTEIN and William F. Mahoney, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1976.


Attorney(s) appearing for the Case

Howard R. Hirsch, Miami Beach, Fla., for plaintiffs-appellants.

Alexander S. Gordon, Richard P. Kenney, Miami, Fla., for defendants-appellees.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


PER CURIAM:

In this Florida diversity case, the district court granted summary judgment for defendants both on plaintiffs' original claim and on defendants' counterclaim. We vacate the summary judgment on the counterclaim because it was rendered in violation of the procedural requisites of Fed.R.Civ.P. 56, and pretermit any decision on the propriety of the partial judgment on the primary claim.

The facts as developed to this point in the litigation disclose...

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