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  5. 897 F.2d 1266 (1990)
 

ST. JOHN MORTG. CO. v. U.S. FIDELITY AND GUAR. CO.

No. 89-1388.

897 F.2d 1266 (1990)

ST. JOHN MORTGAGE COMPANY, INC., Appellant, v. UNITED STATES FIDELITY AND GUARANTY CO. and Lewis O. Funkhouser, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 13, 1990.

Rehearing and Rehearing Denied April 5, 1990.

Attorney(s) appearing for the Case

Harold E. Kohn, Jeanne P. Wrobleski (argued), Kohn, Savett, Klein & Graf, P.C. (Martin J. Aronstein, of counsel), Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant.

Arthur H. Rainey (argued), Kate D. Balaban, James R. O'Dell, Dechert Price & Rhoads, Philadelphia, Pa., for appellees.

Before SLOVITER and BECKER, Circuit Judges, and LIFLAND, District Judge.

Rehearing and Rehearing In Banc Denied April 5, 1990.

OPINION OF THE COURT

LIFLAND, District Judge.

Plaintiff St. John Mortgage Company, Inc. ("St. John") appeals from the district court's grant of summary judgment to defendants United States Fidelity and Guaranty Company ("USF & G") and Lewis Funkhouser ("Funkhouser"). The district court held that even if an oral agreement existed between the parties, it was not enforceable in the absence of...

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