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HERSCH AND CO. v. C AND W MANHATTAN ASSOCIATES

No. 81-5778.

700 F.2d 476 (1982)

HERSCH AND COMPANY, a California partnership, Plaintiff-Counterclaimant-Defendant-Appellant, v. C AND W MANHATTAN ASSOCIATES, a Texas Limited Partnership, Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1982.

As Amended February 28, 1983.

Attorney(s) appearing for the Case

Melvin H. Malat, Malat, Lans & Malat, Beverly Hills, Cal., for plaintiff-counter-claimant-defendant-appellant.

David W. Steuber, argued, Paul, Hastings & Janofsky, Los Angeles, Cal., for defendant-counterclaimant-appellee.

Before SCHROEDER and NORRIS, Circuit Judges, and THOMPSON, District Judge.

NORRIS, Circuit Judge:

This diversity action turns on questions of California real property law. The district court denied the claim of Hersch and Company (Hersch), the buyer, for rescission of a contract for the sale of land and awarded C & W Manhattan Associates (C & W), the seller, a judgment in the amount due on the notes secured by the demised property. C & W as the prevailing party, was also awarded attorneys' fees and costs. We affirm the denial...

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