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UNITED COUNTIES TRUST CO. v. MAC LUM, INC.

No. 78-2451.

643 F.2d 1140 (1981)

UNITED COUNTIES TRUST COMPANY, Plaintiff-Appellant, v. MAC LUM, INCORPORATED, Defendant-Appellee. OLLIE'S TROLLEY, INC., Defendant and Third-Party Plaintiff-Appellee, v. INTERCONTINENTAL LEASING CORP., Third-Party Defendant. SPRINGFIELD STATE BANK, Third-Party Defendant and Fourth-Party Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Fourth-Party Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 27, 1981.

Attorney(s) appearing for the Case

Sommers & Altenbach, Fred L. Sommers, Jr., John W. Gibson, Atlanta, Ga., for plaintiff-appellant.

Hansell, Post, Brandon & Dorsey, Gary W. Hatch, Philip S. Coe, Atlanta, Ga., for Mac Lum & Ollie's Trolley, Inc.

Before INGRAHAM, RONEY and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 27, 1981.

RONEY, Circuit Judge:

This is a diversity action brought by a New Jersey bank, United Counties Trust Company, against Ollie's Trolley, Inc., and its wholly-owned subsidiary, Mac Lum, Inc., for breach of a lease for restaurant equipment. United Counties' principal challenge on appeal is the district court's grant of Ollie's and Mac Lum's motion for summary judgment. The motion for summary judgment presented...

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