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BEVERLY ENTERPRISES, INC. v. FREDONIA HAVEN, INC.

No. 86-7472.

825 F.2d 374 (1987)

BEVERLY ENTERPRISES, INC., Plaintiff-Appellee, v. FREDONIA HAVEN, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 25, 1987.

Attorney(s) appearing for the Case

James W. Gewin, Bradley, Arant, Rose & White, Birmingham, Ala., John J. Park, Jr., Howard W. Neiswender, Tanner & Guin, P.C., Tuscaloosa, Ala., for defendant-appellant.

Andrew P. Campbell, Leitman, Siegal & Payne, P.C., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

HENDERSON, Senior Circuit Judge:

Fredonia Haven, Inc. (Fredonia) appeals from a decision of the United States District Court for the Northern District of Alabama binding Fredonia to the terms of a parol lease agreement with Beverly Enterprises, Inc. (Beverly). Finding that the district court gave proper effect to the oral lease agreement based on the part performance exception to the Alabama statute of frauds, we affirm.

The resolution of this appeal depends...

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