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AIRMARK, INC. v. ADVANCED SYSTEMS, INC.

No. 83-1138 Summary Calendar.

715 F.2d 229 (1983)

AIRMARK, INC., Plaintiff-Appellant, v. ADVANCED SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 23, 1983.

Attorney(s) appearing for the Case

Seay, Gwinn, Crawford & Womble, Steven E. Clark, Dallas, Tex., for plaintiff-appellant.

Gareth G. Morris, Corporate Cnsl, Advanced Systems, Arlington Heights, Ill., Haynes & Boone, George W. Bramblett, Jr., W. Pruitt Ashworth, Dallas, Tex., for defendant-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Airmark appeals from the district court's sua sponte grant of summary judgment in its diversity action against Advanced Systems for breach of contract. Agreeing with Airmark's contention that the entry of summary judgment was improper, we reverse and remand.

In July 1975 Airmark's predecessor in interest (Trion, Inc.) and Advanced Systems entered into a contract whereby Advanced Systems agreed to act as...

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