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NATIONAL ENTERPRISES, INC. v. SMITH

No. 96-1247.

114 F.3d 561 (1997)

NATIONAL ENTERPRISES, INC., Plaintiff-Appellee, v. Paul SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 12, 1997.

Attorney(s) appearing for the Case

Morgan J.C. Scudi (briefed), Jeffrey D. Poindexter (argued), Huth, Lynett & Scudi, San Diego, CA, for Plaintiff-Appellee.

Stephen J. Safranek (argued and briefed), University of Detroit School of Law, Detroit, MI, for Defendant-Appellant, Paul W. Smith.

Before: SILER, COLE, and VAN GRAAFEILAND, Circuit Judges.

COLE, Circuit Judge.

Defendant appeals the district court's denial of his motion to dismiss and its grant of summary judgment in favor of plaintiff on plaintiff's suit for breach of contract. For the following reasons, we REVERSE the district court's denial of defendant's motion to dismiss, VACATE its grant of summary judgment in favor of plaintiff, and REMAND the case to the district court with instructions to dismiss the suit...

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