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AMERICAN FLETCHER MORTG. CO., INC. v. COUSINS MORTG. AND EQUITY INVESTMENTS

No. 79-1063.

623 F.2d 1228 (1980)

AMERICAN FLETCHER MORTGAGE COMPANY, INC., Plaintiff-Appellee, v. COUSINS MORTGAGE AND EQUITY INVESTMENTS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 20, 1980.

Attorney(s) appearing for the Case

Evan E. Steger, III, Indianapolis, Ind., for defendant-appellant.

Theodore R. Boehm, Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, Circuit Judge, WISDOM, Senior Circuit Judge, and CUDAHY, Circuit Judge.

CUDAHY, Circuit Judge.

Plaintiff, American Fletcher Mortgage Company, Inc. (the "Mortgage Company"), a mortgage brokerage concern, brought this action against Cousins Mortgage and Equity Investments ("Cousins") seeking a declaratory judgment that the Mortgage Company had complied with the terms of the parties' participation agreement (as amended). Cousins counterclaimed for damages resulting from the Mortgage Company's alleged breach of the participation agreement...

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