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KLEIN v. PEPSICO, INC.

Nos. 87-1086(L), 87-1094 and 87-1095.

845 F.2d 76 (1988)

Eugene V. KLEIN, d/b/a Del Rayo Racing Stable, Plaintiff-Appellee, v. PEPSICO, INC., Defendant-Appellant, and Universal Jet Sales, Inc., Defendant-Appellee. Eugene V. KLEIN, d/b/a Del Rayo Racing Stable, Plaintiff-Appellee, v. UNIVERSAL JET SALES, INC., Defendant-Appellant, and PepsiCo, Inc., Defendant-Appellee. Eugene V. KLEIN, d/b/a Del Rayo Racing Stable, Plaintiff-Appellant, v. UNIVERSAL JET SALES, INC., and PepsiCo, Inc., Defendant-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 25, 1988.

Attorney(s) appearing for the Case

Arthur S. Friedman (Peter N. Wang, Friedman, Wang & Bleiberg, P.C., Craig C. Reilly, Murphy, McGettigan & West, James F. Burnett, Potter, Anderson & Corroon, E. Milton Farley, III, Hunton & Williams on brief), for appellants.

David N. Webster (Earl C. Dudley, Jr., Terrance G. Reed, Nussbaum, Owen & Webster, Robert E. Sevila, Douglas L. Fleming, Jr., Hanes, Sevila, Saunders & McCahill on brief), for appellees.

Before SPROUSE and ERVIN, Circuit Judges, and BRITT, Chief District Judge for the Eastern District of North Carolina, sitting by designation.

ERVIN, Circuit Judge:

This case turns on whether a contract was formed between Universal Jet Sales, Inc. ("UJS") and PepsiCo, Inc., ("PepsiCo") for the sale of a Gulfstream G-II corporate jet to UJS for resale to one Eugene V. Klein. If a contract was formed, the question remains whether the district court acted within his discretion by ordering specific performance of the contract. We believe the district court properly found that a contract was formed; however,...

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