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MESA PETROLEUM CO. v. CONIGLIO

No. 85-3386.

787 F.2d 1484 (1986)

MESA PETROLEUM COMPANY, Plaintiff, v. C. John CONIGLIO, et al., Defendants. MESA PETROLEUM COMPANY, Plaintiff-Appellee, v. Jay Nell LOCKE, Defendant-Appellant, and C. John Coniglio, Defendant.

United States Court of Appeals, Eleventh Circuit.

April 28, 1986.

Attorney(s) appearing for the Case

Robert E. Austin, Jr., Leesburg, Fla., for defendants.

Stephen A. Hould, Jacksonville, Fla., Neil Bowman, Amarillo, Tex., for Mesa.

Steven Gray, Ocala, Fla., for Coniglio.

Before JOHNSON and HATCHETT, Circuit Judges, and MURPHY, District Judge.

HATCHETT, Circuit Judge:

In this diversity action involving Florida real property, we hold that a party voluntarily destroyed a claimed interest in the subject real property, and that a successor judge properly entered judgment after a previous judge announced findings of fact and conclusions of law. We affirm.

I. The Transactions

Between 1966 and 1970, C.A. and Jay Nell Locke, his wife, jointly with C. John Coniglio and Mary Jean Coniglio, his wife...

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