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MATTER OF SAFETY INTERN., INC.

No. 84-1818.

775 F.2d 660 (1985)

In the Matter of SAFETY INTERNATIONAL, INC., Individually and d/b/a Safety Compliance Rental, Inc., Safety Education Specialists, Inc., Safety Consultants, Inc. and International Operations, Inc., Debtor. SAFETY INTERNATIONAL, INC., etc., et al., Plaintiffs-Appellees, v. Don L. DYER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1985.

Attorney(s) appearing for the Case

Thomas J. Stutz, Dallas, Tex., for defendant-appellant.

Corey W. Haugland, Anthony Safi, Wiley F. James, III, El Paso, Tex., for plaintiffs-appellees.

Before REAVLEY and JOLLY, Circuit Judges, and SANDERS, District Judge.

OPINION

REAVLEY, Circuit Judge:

Defendant-Appellant Don L. Dyer appeals the imposition of a constructive trust on his option to purchase the building where Plaintiff-Appellee Safety International, Inc. (Safety) has its offices. We reverse.

FACTS

In 1977, Dyer and nominal codefendant Phillip H. Graves incorporated Safety, which Dyer had been operating since the mid-1960's. The business provided safety equipment to oil companies. Dyer and...

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