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CAPITAL PARKS v. SOUTHEASTERN ADVERTISING

No. 93-8791.

30 F.3d 627 (1994)

CAPITAL PARKS, INC., Plaintiff-Appellant, v. SOUTHEASTERN ADVERTISING AND SALES SYSTEM, INC., Waco Memorial Park, and Byron D. Reeves, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 2, 1994.

Attorney(s) appearing for the Case

Michael G. Cosby, Fred M. Johnson, Jr., Pakis, Giotes, Beard & Page, P.C., Waco, TX, for appellant.

Roy Lee Barrett, Stuart G. Smith, Naman, Howell, Smith & Lee, P.C., Waco, TX, Phillip A. Bradley, Long, Aldridge & Norman, Atlanta, GA, for appellees.

Before REYNALDO G. GARZA, SMITH and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Appellant appeals the district court's granting of Appellees' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted pursuant to FED.R.CIV.P. 12(b)(6) and denying Appellant's Motion for Leave to Amend Complaint. ___ F.Supp. ___. The court held that the plain language of the option contract between Capital Parks, Inc. ("Capital") and Southeastern Advertising and Sales System, Inc. ("Southeastern"), granting...

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