BURKE CO. v. HILTON DEVELOPMENT CO.

Civ.A. No. 90-50205/LAC.

802 F.Supp. 434 (1992)

The BURKE COMPANY, Plaintiff, v. HILTON DEVELOPMENT COMPANY, Defendant.

United States District Court, N.D. Florida, Panama City Division.

September 30, 1992.


Attorney(s) appearing for the Case

Alvin L. Peters, Panama City, Fla., for plaintiff.

L. Charles Hilton, Jr., Hilton, Kolk & Penson, Panama City, Fla., Charles V. Choyce, Jr., Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsle, Orlando, Fla., for defendant.


ORDER

COLLIER, District Judge.

The defendant has moved for dismissal of the plaintiff's complaint for lack of subject matter jurisdiction over this diversity action, or alternatively, for summary judgment based on the common law doctrine of accord and satisfaction (docs. 7 & 8). The plaintiff argues in response that it has met the requisite amount in controversy, and, further, that under Florida law, there has been no accord and satisfaction (doc. 14...

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