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WHALEN v. FORD MOTOR CREDIT CO.

No. 80-1496.

684 F.2d 272 (1982)

Cornelius M. WHALEN t/a Towson Associates Limited Partnership, to its own use and to the use of Robert Whalen Company, Inc., Appellee, v. FORD MOTOR CREDIT COMPANY, a body Corporate, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1982.

Certiorari Denied October 12, 1982.

Attorney(s) appearing for the Case

Paul V. Niemeyer, Baltimore, Md. (Jeffrey D. Herschman, William L. Marbury, Piper & Marbury, Baltimore, Md., on brief), for appellant.

David Freishtat, Baltimore, Md. (Michael L. Schwartz, Freishtat, Schwartz & Sandler, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.

Certiorari Denied October 12, 1982. See 103 S.Ct. 216.

FRANCIS D. MURNAGHAN, Jr., Circuit Judge, with whom DONALD RUSSELL, WIDENER, ERVIN and CHAPMAN, Circuit Judges, join:

Jurisdiction here depends on diversity. Suit was instituted on December 10, 1975. Trial by jury commenced on March 31, 1980 in the United States District Court for the District of Maryland, with Judge C. Stanley Blair presiding. The case grew out of the refusal by Ford Motor Credit Company...

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