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VIVID INVESTMENTS v. BEST WESTERN INN—FORSYTH, LTD.

No. 92-8510.

991 F.2d 690 (1993)

VIVID INVESTMENTS, INC., Plaintiff-Appellant, v. BEST WESTERN INN—FORSYTH, LTD., Edward P. Douglas, CPA, John S. Scatena, Defendants-Third Party Plaintiffs-Appellees, Vijay Patel, Third Party Defendant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied June 25, 1993.

Attorney(s) appearing for the Case

S. Phillip Brown, Brown, Katz, Flatau and Hasty, R. William Buzzell, II, Loretta L. Pinkston, Buzzell and Pinkston, Macon, GA, for appellant.

Warren C. Grice, Lori Obenauf, Macon, GA, for appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and RONEY, Senior Circuit Judge.

PER CURIAM:

In this Georgia diversity action arising out of alleged fraud and breach of contract in connection with the sale of a motel, we reverse summary judgment for the defendants because there are genuine issues of material fact. See Fed.R.Civ.P. § 56(c). We hold that the plaintiff was not required to elect between a contract and tort claim at this stage of the proceedings, that the merger clause in the contract did not foreclose plaintiff's claim...

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