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CIOFFE v. MORRIS

No. 81-5140.

676 F.2d 539 (1982)

Anthony CIOFFE, & Mare Distributors, Inc., a New Jersey Corporation, Plaintiffs-Appellants, v. Arnold F. MORRIS & Jet Fingers, Inc., a Florida Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 17, 1982.

Attorney(s) appearing for the Case

Herbert A. Warren, Richard A. Warren, Miami, Fla., for plaintiffs-appellants.

Daniel J. Newman, Tampa, Fla., for Morris.

Before GODBOLD, Chief Judge, HILL and FAY, Circuit Judges.

FAY, Circuit Judge:

Defendant Arnold Morris entered into two contracts, one superseding the other, with Plaintiffs Anthony Cioffe and Mare Distributors, Inc. (Mare).1 Morris failed to meet installment payments due under the second contract and wound up in federal court defending a diversity suit.

The first contract between the parties was entered into on June 25, 1976. At that time, Cioffe and Walter Thoelen2...

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