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WESTERN GROUP NURSERIES, INC. v. ERGAS

No. 96-4570.

167 F.3d 1354 (1999)

WESTERN GROUP NURSERIES, INC., an Arizona corporation; Western United Nurseries, Inc., an Arizona corporation, Plaintiffs-Appellants, v. Martin ERGAS, World Nurseries, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 12, 1999.

Attorney(s) appearing for the Case

Howard Kelly Coates, Jr., Proskauer, Rose, Goetz & Mendelsohn, Boca Raton, FL, Joel D. Eaton, Podhurst, Orseck & Josefsberg, Miami, FL, for Plaintiffs-Appellants.

Neil Jay Berman, Berman, Wolfe & Rennert, Miami, FL, for Defendants-Appellees.

Before COX and BARKETT, Circuit Judges, and SMITH, Senior Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge:

Western Group Nurseries, Inc. ("Western Group") appeals the May 18, 1995 order of the District Court for the Southern District of Florida, entering summary judgment for defendant Martin Ergas ("Ergas"). Western Group sued Ergas, a limited partner of a tax shelter partnership, to force him to pay his pro rata share of a promissory note entered into by the partnership. Ergas defended on the ground that, as part of a related transaction...

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