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MONTGOMERY WARD DEVELOPMENT CORP. v. JUSTER

No. 90-3335.

932 F.2d 1378 (1991)

MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware Corporation, Montgomery Ward & Co., Incorporated, an Illinois Corporation, and Robert Weigel, Plaintiffs-Appellants, v. Doris R. JUSTER, as personal representative of the estate of Martin W. Juster, Interchange Associates, Royal Palm Savings Bank, f/k/a Royal Palm Savings Association, and Federal Deposit Insurance Corp., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 7, 1991.

Attorney(s) appearing for the Case

Earl E. Pollock, Chicago, Ill., Hala Mary Ayoub, Tampa, Fla., Douglas S. Lyons, Miami, Fla., for plaintiffs-appellants.

John L. Britton, Ft. Lauderdale, Fla., Marcy S. Resnick, Edward O. Savitz, Tampa, Fla., for defendants-appellees.

Before HATCHETT and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

PECKHAM, Senior District Judge:

Plaintiffs Montgomery Ward Development Corporation ("Montgomery Ward"), Montgomery Ward & Co., Inc. ("Montgomery Ward Corporation") and Robert Weigel ("Weigel") appeal a decision of the District Court for the Middle District of Florida dismissing the complaint in an action to reform a contract. The District Court decided that, under Florida's compulsory counterclaim rule, plaintiffs were barred from raising the issue of reformation...

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