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INTERNATIONAL HARVESTER CREDIT v. EAST COAST TRUCK

No. 75-2196.

547 F.2d 888 (1977)

INTERNATIONAL HARVESTER CREDIT CORPORATION and International Harvester Company, Plaintiffs-Appellants, v. EAST COAST TRUCK and R. V. Sales, Inc., et al., Defendants-Appellees. EAST COAST TRUCK and R. V. Sales, Inc., Plaintiff-Appellee, v. INTERNATIONAL HARVESTER COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1977.

Attorney(s) appearing for the Case

John H. Schulte, Miami, Fla., for plaintiffs-appellants.

George L. Hudspeth, William E. Williams, Jacksonville, Fla., for defendants-appellees.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and MEHRTENS, District Judge.

GODBOLD, Circuit Judge:

The central issue in this case is whether the district court correctly granted rescission of a contract when the party seeking relief not only failed to affirmatively ask for rescission in his complaint but specifically disavowed any intention of seeking such relief.

The facts are set forth in extensive detail in the opinion of the district court.1 Therefore, only a brief summary will be given here. Appellants...

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