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BALOGH'S OF CORAL GABLES, INC. v. GETZ

No. 84-5731.

798 F.2d 1356 (1986)

BALOGH'S OF CORAL GABLES, INC., David R. Balogh, Inc., and Balogh Jewelers of Hallandale, Inc., Plaintiffs-Appellants, v. Irving GETZ, Mayor's Jewelers, Inc. and Rolex Watch, USA, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 9, 1986.

Attorney(s) appearing for the Case

Joel D. Eaton, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, Fla., for plaintiffs-appellants.

David L. Ross, Greenberg, Traurig, Hoffman, Lipoff, Quental & Wolff, P.A., Miami, Fla., for Getz/Mayor's Jewelers, Inc.

Brian F. Spector, Kenny, Nachwalter & Seymour, P.A., Miami, Fla., Stephen Ruffino, Gibney, Anthony & Flaherty, Donald J. Williamson, John F. Flaherty, New York City, for Rolex Watch, USA.

Before GODBOLD, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK and EDMONDSON, Circuit Judges.

VANCE, Circuit Judge:

We have taken this case en banc to consider plaintiff Balogh's contention that the original panel of this court should have reversed the district court's refusal to admit the testimony and written statement of A. Zachary Agran. We reinstate the original panel opinion, 778 F.2d 649 (11th Cir.1985), as to all issues except the Agran issue, designated in the original opinion as headnote three. Concerning that issue...

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