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CLECKNER v. REPUBLIC VAN & STORAGE CO., INC.

No. 75-3952.

556 F.2d 766 (1977)

John J. CLECKNER and Ruth Cleckner, his wife, Plaintiffs-Appellants, v. REPUBLIC VAN AND STORAGE COMPANY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 29, 1977.

Attorney(s) appearing for the Case

Edward F. O'Connor, Palm Beach, Fla., for plaintiffs-appellants.

Marvin I. Moss, Philip S. Vova, No. Miami, Fla., Melvyn Trute, Bay Harbor Islands, Fla., for defendants-appellees.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.

GEE, Circuit Judge:

Appellants filed a claim in the district court for damages to household goods transported by the defendant moving company. The trial court granted summary judgment for defendants because of plaintiffs' failure to bring their claim as a compulsory counterclaim in an earlier suit brought in the county court of Dade County, Florida. We affirm.

In June 1973, John and Ruth Cleckner engaged Republic Van and Storage Company (Republic) to move...

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