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COLUMBIA BRIARGATE CO. v. FIRST NAT. BANK

No. 82-2054.

713 F.2d 1052 (1983)

COLUMBIA BRIARGATE COMPANY, a limited Partnership, Appellant, v. FIRST NATIONAL BANK IN DALLAS; Vaughn Pearson and A.S. Kyzer, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Cynthia Hall Ouzts, Camden, S.C. (T. Alexander Beard, Cooper, Bowen, Beard & Smoot, Camden, S.C., on brief), for appellant.

A. Erin Dwyer, Dallas, Tex. (Ernest E. Figari, Jr., Johnson & Swanson, Dallas, Tex., William L. Pope, Robert C. Kelly, Robinson, McFadden, Moore, Pope, Williams, Taylor & Brailsford, P.A., Columbia, S.C., on brief), for appellees.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and JAMES C. FOX, United States District Judge for the Eastern District of North Carolina, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This is an action to recover for alleged fraudulent representations in the negotiations of a contract of sale of a group of fourteen (14) apartment buildings containing three hundred, thirty-six (336) apartment units, known as the Briargate Apartments in Columbia, South Carolina. As filed in the district court of South Carolina it asserted federal diversity jurisdiction. The plaintiff purchaser is a limited partnership organized and...

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