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LYXELL v. VAUTRIN

No. 79-1532 Summary Calendar.

604 F.2d 18 (1979)

Sune LYXELL et al., Plaintiffs-Appellants, v. John B. VAUTRIN et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 5, 1979.

Attorney(s) appearing for the Case

Robert M. Galloway, Mobile, Ala., for plaintiffs-appellants.

Darby & Carrigan, John Richard Carrigan, Mobile, Ala., for defendants-appellees.

Before BROWN, Chief Judge, KRAVITCH and JOHNSON, Circuit Judges:

PER CURIAM:

Plaintiffs Sune Lyxell and Operation Sweden appeal from a summary judgment granted in this diversity action, which was brought in the Southern District of Alabama. The district court found that plaintiffs could not maintain an action for fraud, conversion or breach of contract under Alabama law. We conclude that there are material questions of fact concerning the fraud and breach of contract issues and accordingly reverse and remand for further proceedings...

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