ITEL CAPITAL CORP. v. CUPS COAL CO., INC.

No. 81-7703.

707 F.2d 1253 (1983)

ITEL CAPITAL CORPORATION, a corporation, Plaintiff-Appellee, Cross-Appellant, v. CUPS COAL COMPANY, INCORPORATED, a corporation; and Herman Mulvehill, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 1983.


Attorney(s) appearing for the Case

Howard & Howard, Charles L. Howard, Jr., Birmingham, Ala., for defendants-appellants, cross-appellees.

Thomas, Taliaferro, Forman, Burr & Murray, John D. Clements, T. Thomas Cottingham, William F. Murray, Jr., Birmingham, Ala., for plaintiff-appellee, cross-appellant.

Before TJOFLAT, HILL and JOHNSON, Circuit Judges.


JOHNSON, Circuit Judge:

Defendants Cups Coal Company, Inc., an Alabama mining company, and Cups' president and 97% owner, Herman Mulvehill, appeal from a jury verdict in favor of Itel Capital Corporation, a California capital equipment leasing company which leased equipment to Cups. Itel's amended complaint, based on diversity jurisdiction, alleged conspiracy and fraud by Cups and Mulvehill and claimed a right to payment under the leases and to possession of the equipment...

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