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DAVIDSON & JONES DEV. CO. v. ELMORE DEV. CO.

Nos. 89-5945, 89-6031.

921 F.2d 1343 (1991)

DAVIDSON & JONES DEVELOPMENT COMPANY, Plaintiff-Appellee (89-5945/6031), v. ELMORE DEVELOPMENT CO., INC., et al., Defendants-Appellants (89-5945), Manna Construction Co., Inc., Intervenor-Appellant (89-6031).

United States Court of Appeals, Sixth Circuit.

Decided January 3, 1991.

Attorney(s) appearing for the Case

Monty L. Walton, Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, Tenn., Luther P. Cochran, Griffin, Cochrane, Marshall & Elger, W. Henry Parkman (argued), Atlanta, Ga., for plaintiff-appellee.

Charles W. McElroy (argued), David K. Taylor, Boult, Cummings, Conners & Berry, Nashville, Tenn., Robert L. Wilson, Jr., Thaddeus B. Hodgdon, Hollowell & Silverstein, Raleigh, N.C., for defendants-appellants.

Stephen J. Lusk, Carl W. Eshbaugh (argued), Eshbaugh, Simpson & Varner, Knoxville, Tenn., for intervenor-appellant.

Before MARTIN and GUY, Circuit Judges; and DOWD, District Judge.

DOWD, District Judge:

This case involves the claims and counterclaims of several parties interested in developing an outlet mall near the Great Smoky Mountains in Pigeon Forge, Tennessee. Plaintiff/counterdefendant Davidson & Jones Development Company ("D & J") withdrew from an agreement whereby D & J would take title to the proposed outlet mall property and acquire the rights to develop the proposed mall after D & J claimed that conditions precedent...

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