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AMERICAN LEASE PLANS v. SILVER SAND CO., ETC.

No. 78-3136.

637 F.2d 311 (1981)

AMERICAN LEASE PLANS, INC., a Foreign Corporation, Plaintiff-Appellee, v. SILVER SAND COMPANY OF LEESBURG, INC., a Florida Corporation, Defendant and Third-Party Plaintiff-Appellant, v. Ronald D. and Janet M. ALLEN, etc., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 23, 1981.

Attorney(s) appearing for the Case

Jeffry R. Jontz, Jerry R. Linscott, Orlando, Fla., for defendant and third-party plaintiff-appellant.

Akerman, Senterfitt & Edison, J. Thomas Cardwell, Michael P. McMahon, Orlando, Fla., for plaintiff-appellee.

John W. Rodgers, Orlando, Fla., for Ronald and Janet Allen.

Before GODBOLD, TJOFLAT and SAM D. JOHNSON, Circuit Judges.

TJOFLAT, Circuit Judge:

This case comes to us on appeal from a summary judgment for the plaintiff below, American Lease Plans, Inc. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332 (1976); therefore, we must apply the relevant state law. Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). It is clear that Florida law will apply in this case. Charles L. Bowman Co. v. Erwin...

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