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BORG-WARNER ACCEPTANCE CORP. v. ALA. FURN. & APPLIANCE, INC.

No. 87-7624.

850 F.2d 1524 (1988)

BORG-WARNER ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. ALABAMA FURNITURE AND APPLIANCE, INC., Scott's Furniture Warehouse Showroom, Inc., and Marshal L. Campbell, Defendants-Appellees. ALABAMA FURNITURE AND APPLIANCE, INC., and Scott's Furniture Warehouse Showroom, Inc., Plaintiffs-Appellees, v. BORG-WARNER ACCEPTANCE CORPORATION, Defendant-Appellant, R.J. Walker, Defendant.

United States Court of Appeals, Eleventh Circuit.

As Modified on Grant of Rehearing September 30, 1988.

Attorney(s) appearing for the Case

Cabaniss, Johnston, Gardner, Dumas & O'Neal, Benjamen T. Rowe, David L. Kane, Mobile, Ala., for plaintiff-appellant.

David P. Broome, McDonough & Broome, Mobile, Ala., for Marshal L. Campbell.

Stephen R. Windom, Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Mobile, Ala., Bruce D. Brooke, Neely, Green, Fargarson & Brooke, Memphis, Tenn., for Scott's Furniture and Marshal Campbell.

Before HILL and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

HILL, Circuit Judge:

Appellees Alabama Furniture and Appliance, Inc. ("Alabama Furniture") and Scott's Furniture Warehouse Showroom, Inc. ("Scott") are furniture dealers wholly owned by appellee Marshal L. Campbell ("Campbell"). Campbell is or was president and chief executive officer of these companies; he also owns and runs International Wholesale Distributors, Inc. ("International"), a corporation engaged in the wholesale furniture business, and the Home Company...

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