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HOUSTON DAIRY v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 80-3065.

643 F.2d 1185 (1981)

HOUSTON DAIRY, INC., Plaintiff-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

May 1, 1981.

Attorney(s) appearing for the Case

Darden, Sumners, Carter & Trout, Lester F. Sumners, New Albany, Miss., for plaintiff-appellant.

Grady F. Tollison, Jr., Mary Ann Connell, Oxford, Miss., for defendant-appellee.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.

AINSWORTH, Circuit Judge:

This is an appeal from a Mississippi diversity action in which appellant Houston Dairy, Inc. attempted to recover $16,000 sent to appellee John Hancock Mutual Life Insurance Company as a "Good Faith Deposit" on a loan application which Houston Dairy claims never became binding. At the conclusion of the nonjury trial, the district court ruled that there was a binding contract between the parties...

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