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HEMMERLE INDUSTRIES, INC. v. KASSUBA

No. 76-3637.

575 F.2d 513 (1978)

HEMMERLE INDUSTRIES, INC., a Florida Corporation, et al., Plaintiffs-Appellants, v. Walter Judd KASSUBA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 19, 1978.

Attorney(s) appearing for the Case

William R. Scherer, Robert F. Jordan, Fort Lauderdale, Fla., for plaintiffs-appellants.

Robert M. Montgomery, Jr., Edna L. Caruso, West Palm Beach, Fla., for Walter Judd Kassuba etc.

Mario G. de Mendoza, III, Palm Beach, Fla., for Stephen G. Davidson.

Fred C. Davant, Miami, Fla., for Ronald Sales.

Sales & Christiansen, John T. Christiansen, Palm Beach, Fla., for Ronald Sales.

Ronald Sales, pro se.

Before BROWN, Chief Judge, and THORNBERRY and CLARK, Circuit Judges.

PER CURIAM:

This appeal from a dismissal without prejudice presents a single issue: whether the district court should have stayed—rather than dismissed —the action pending completion of related bankruptcy proceedings. We conclude that the dismissal was improper and remand the case to the district court for reinstatement.

Although the procedural setting is something of a tangled web, the relevant facts can be briefly summarized. Hemmerle Industries...

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