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DENSON v. STACK

Nos. 91-3405, 91-3922.

997 F.2d 1356 (1993)

Donald N. DENSON, Plaintiff-Appellant, v. J.E. STACK, Jr., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 13, 1993.

Attorney(s) appearing for the Case

Sam Daniels, Miami, FL, for plaintiff-appellant in 91-3405.

Bert Moore, Moore, Kessler & Moore, Niceville, FL, Glenn Gates Taylor, Jackson, MS, for defendant-appellee.

Mahoney Adams & Criser, John E. Steele, William S. Graessle, Jacksonville, FL, Daniels & Talisman, P.A., David B. Pakula, Sam Daniels, Miami, FL, for plaintiff-appellant in 91-3922.

Before KRAVITCH and BIRCH, Circuit Judges, and CLARK, Senior Circuit Judge.

BIRCH, Circuit Judge:

This appeal arises from a real estate contract for the sale of timberland in Levy County, Florida. The buyer, appellant-plaintiff Donald N. Denson, appeals the district court's finding that he breached the contract and, therefore, forfeited his earnest money deposit. Denson also appeals the district court's award of attorney's fees and costs to the seller, appellee-defendant J.E. Stack, Jr. We REVERSE the district court's decision and REMAND...

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