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PLANTATION KEY DEVELOPERS v. COLONIAL MORTG., ETC.

No. 76-3055.

589 F.2d 164 (1979)

PLANTATION KEY DEVELOPERS, INC., a Florida Corporation, Plaintiff-Appellee Cross Appellant, v. COLONIAL MORTGAGE COMPANY OF INDIANA, INC., an Indiana Corporation, and Southern Colonial Mortgage Company, an Indiana Corporation, Defendants-Appellants Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 20, 1979.

Attorney(s) appearing for the Case

Guy B. Bailey, Jr., Miami, Fla., for defendants-appellants cross appellees.

Ronald A. Shapo, Jerome H. Shevin, David A. Freedman, Miami, Fla., for plaintiff-appellee cross appellant.

Before GOLDBERG, Circuit Judge, SKELTON, Senior Judge, and FAY, Circuit Judge.

FAY, Circuit Judge:

This is an action brought by a condominium project builder, Plantation Key Developers, Inc. ("Plantation"), against its permanent lender, Colonial Mortgage Co.1 ("Colonial"), based on breach of contract and fraud.2 The trial court directed a verdict against Plantation on its fraud claim. The jury returned a verdict of $60,000 in favor of Plantation on its contract claim. The Court entered...

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