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20TH CENTURY MARKETING, INC. v. AVCO CORP.

No. 75-4225.

569 F.2d 281 (1978)

20TH CENTURY MARKETING, INC. and Domer L. Ishler, Plaintiffs-Appellants, v. AVCO CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 1978.

Attorney(s) appearing for the Case

Ralph W. Hornsby, C. Lynwood Smith, Jr., Huntsville, Ala., for plaintiffs-appellants.

Steve A. Baccus, W. J. McDaniel, Birmingham, Ala., for defendant-appellee.

Before MORGAN, HILL and FAY, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The case on appeal is a contract action tried before the district court sitting without a jury. The only issue for review is whether the district court's findings of fact are clearly erroneous and whether its conclusions of law are correct. After carefully reviewing the record, we affirm the district court's decision in all aspects but one. The district court judge may have considered an improper factor in determining the amount of the...

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