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JAFFE-SPINDLER CO. v. GENESCO, INC.

No. 83-1742.

747 F.2d 253 (1984)

JAFFE-SPINDLER COMPANY and Benjamin D. Jaffe, as general partner, Appellants, v. GENESCO, INC., Appellee, and Monumental Life Insurance Company, Appellee, and I.R.E. Realty Advisors, Inc., the General Partner of and d/b/a Investors Tax Sheltered Real Estate, Ltd., Series II, A Florida Limited Partnership, Defendants. In re GENESCO, Inc., v. MONUMENTAL LIFE INSURANCE CO., et al. and In re JAFFE-SPINDLER COMPANY, v. GENESCO, INC.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1984.

Attorney(s) appearing for the Case

Robert S. Moraff, Totowa, N.J. (Fiorello, Moraff & Foster, P.A., Totowa, N.J., James C. McLeod, Jr., Willcox, Hardee, McLeod, Buyck & Baker, Florence, S.C., on brief), for appellants.

Paul A. Alexis (Vincent A. Cunningham, Nashville, Tenn.; William C. Stork, Barnes, Alford, Stork & Johnson, Columbia, S.C., on brief), for appellee Genesco Inc.

Robert W. Dibble, Jr., Columbia, S.C. (Robert E. Stepp, McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, P.A., Columbia, S.C., on brief), for appellee Monumental Life Insurance Company.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

In a diversity case,1 Jaffe-Spindler Co. appeals from an order of the United States District Court for the District of South Carolina, 577 F.Supp. 72.

By an order of March 31, 1982, consented to by all of the parties before the court, the district judge consolidated various actions. The case, as consolidated, could best be described as an action for rent due brought...

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