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MENENDEZ v. PERISHABLE DISTRIBUTORS, INC.

No. 83-8470.

763 F.2d 1374 (1985)

Ernest MENENDEZ and Theresa Menendez, Plaintiffs-Appellants, v. PERISHABLE DISTRIBUTORS, INC., and Edgar Newton Crowe, Jr., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 25, 1985.

Attorney(s) appearing for the Case

Don C. Keenan, David S. Bills, Atlanta, Ga., for plaintiffs-appellants.

M. Scott Barksdale, Atlanta, Ga., for defendants-appellees.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.

JOHNSON, Circuit Judge:

Plaintiff below, Ernest Menendez, appeals from an order of the district court directing a verdict in favor of the appellees, Perishable Distributors, Inc., and Edgar Newton Crowe, Jr. Menendez claims the district court erroneously allowed the appellees to amend their answer at trial to allege the affirmative defense of release without giving him a full and fair opportunity to obtain and present extrinsic evidence explaining the intent of the...

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