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LEE v. NAVARRO SAV. ASS'N

No. 76-3550.

597 F.2d 421 (1979)

Lawrence F. LEE, Jr., et al., Plaintiffs-Appellants, v. NAVARRO SAVINGS ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 1, 1979.

Attorney(s) appearing for the Case

James A. Ellis, Jr., Don R. Hanmer, Dallas, Tex., for plaintiffs-appellants.

Ernest E. Figari, Jr. (Institutional Investors Trust), David P. Seikel, Dallas, Tex., amicus curiae.

Bernus W. Fischman, Houston, Tex., Lawrence Fischman, Dallas, Tex., for defendant-appellee.

Before BROWN, Chief Judge, and AINSWORTH and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 1, 1979.

AINSWORTH, Circuit Judge:

The question for decision is whether the district court correctly dismissed this suit for lack of jurisdiction.

Plaintiffs are eight individuals, all non-Texas citizens and trustees of Fidelity Mortgage Investors, a Massachusetts business trust (FMI), who filed this complaint as representatives of FMI seeking damages for breach of contract against defendant Navarro Savings...

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