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GRANITE AUTO LEASING CORP. v. CARTER MFG. CO.

No. 75-2471.

546 F.2d 654 (1977)

GRANITE AUTO LEASING CORPORATION, Plaintiff-Appellee, v. CARTER MANUFACTURING COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 7, 1977.

Attorney(s) appearing for the Case

Ollie B. Butler, Jr., Tampa, Fla., for P. & M. Carter.

Jary C. Nixon, Tampa, Fla., Tary L. Nixon, Pensacola, Fla., for plaintiff-appellee.

Before MORGAN and GEE, Circuit Judges, and HUNTER, District Judge.

LEWIS R. MORGAN, Circuit Judge:

This diversity action involves a contractual dispute over the sale and leaseback of four vehicles used in the harvesting of citrus fruit. The purchaser/lessor of the machines—Granite Auto Leasing Corp.—brought the action alleging that the seller-lessee—Carter Manufacturing Co.—had defaulted in its lease payments.1 The district court granted summary judgment for the plaintiff Granite...

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