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SMITH v. AMERICAN MOTOR INNS OF FLORIDA, INC.

No. 75-1852.

544 F.2d 900 (1977)

William R. SMITH, for himself and for the Use and Behalf of Hotel Kingmeyer Properties, Inc., an Ohio Corporation, and Your Host, Inc., Plaintiff-Appellee Cross Appellant, v. AMERICAN MOTOR INNS OF FLORIDA, INC., Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 1977.

Attorney(s) appearing for the Case

Robert Orseck, Robert L. Parks, Miami, Fla., for appellant.

F. Lawrence Matthews, Fort Lauderdale, Fla., for appellee.

Before DYER, SIMPSON and RONEY, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion September 15, 1976, 5 Cir. 1976, 538 F.2d 1090).

PER CURIAM:

In his petition for rehearing Smith asserts that he should have been given credit for the $17,500 land-lease payment made by him during the period of his occupancy. Because Smith was charged with the value of his use and occupancy of the motel as determined by the district court, he claims that in effect this Court has...

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