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SMITH v. MELLON BANK

No. 91-3501.

957 F.2d 856 (1992)

Beverly Ann SMITH, as Personal Representative of the Estate of David L. Smith, and Beverly Ann Smith, Individually, Plaintiff-Appellant, v. MELLON BANK, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 13, 1992.

Attorney(s) appearing for the Case

John R. Overchuck, Overchuck, Langa & Crews, PA, Laura P. Denault, Orlando, Fla., for plaintiff-appellant.

Mark F. Bideau, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Alfred J. Malefatto, W. Palm Beach, Fla., for defendant-appellee.

Before ANDERSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

In this appeal from a directed verdict for the defendant in a claim for damages for an alleged violation of Florida's misleading advertising statute, we hold that it was unreasonable for the plaintiff to assume from the advertisement relied upon that the defendant credit card company would provide free accident life insurance for the rental of a car with a credit card.

In 1987, David and Beverly Smith rented a car in Mexico with...

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