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AMERICAN STANDARD CREDIT v. NATIONAL CEMENT CO.

No. 78-2231.

643 F.2d 248 (1981)

AMERICAN STANDARD CREDIT, INC., Plaintiff-Appellee, v. NATIONAL CEMENT CO., Defendant-Appellee, Programming and Systems, Inc., Defendant-Appellant, International Computer Corp., et al., Defendants.

United States Court of Appeals, Fifth Circuit.

April 20, 1981.

Attorney(s) appearing for the Case

Richard F. Ogle, Birmingham, Ala., for defendant-appellant.

Bradley, Arant, Rose & White, John H. Morrow, Donald M. James, Birmingham, Ala., for American Standard Credit.

Thomas, Taliaferro, Forman, Burr & Murray, John D. Clements, Eric L. Carlton, Birmingham, Ala., for Nat. Cement Co.

Before TUTTLE, RANDALL and TATE, Circuit Judges.

RANDALL, Circuit Judge:

In this complicated diversity case from Alabama, we attempt to resolve the competing claims of various parties to an expensive piece of coal mining equipment — specifically, a WABCO 333FT tractor-scraper, serial number 31811, that was sold more than once by the same dealer. Because we find that one of the district court's key factual findings is clearly erroneous, we must reverse its judgment; but because the district court did not make...

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