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FIRST FED. S. & L. ASS'N OF MIAMI v. MORTGAGE CORP.

No. 79-2141.

650 F.2d 1376 (1981)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, Plaintiff-Appellant, Cross Appellee, v. MORTGAGE CORPORATION OF the SOUTH, formerly known as Cobbs, Allen & Hall Mortgage Company, Inc., an Alabama Corporation, and Daniel B. Haralson, Defendants-Appellees, Mortgage Corporation of the South, etc., Defendant-Appellee, Cross Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied August 27, 1981.

Attorney(s) appearing for the Case

William M. Acker, Jr., Birmingham, Ala., for appellant.

Lange, Simpson, Robinson & Somerville, Henry E. Simpson, William G. Somerville, Jr., Birmingham, Ala., for Mortgage Corp.

London, Yancey, Clark & Allen, James E. Clark, Birmingham, Ala., for Haralson.

Before JONES, FAY and HENDERSON, Circuit Judges.

HENDERSON, Circuit Judge:

First Federal Savings & Loan Association of Miami (hereinafter referred to as "First Federal") initiated this action against Mortgage Corporation of the South (hereinafter referred to as "MCS")1 and Daniel B. Haralson, executive vice-president of MCS, on December 22, 1975 in the United States District Court for the Northern District of Alabama. The complaint alleged breach of contract, fraud and deceit under...

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