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NICKELL v. BEAU VIEW OF BILOXI, L.L.C.

Nos. 10-60204, 10-60205, 10-60206 and 10-60207.

636 F.3d 752 (2011)

Douglas L. NICKELL; Gayle F. Nickell, Plaintiffs-Appellants, v. BEAU VIEW OF BILOXI, L.L.C., Defendant-Appellee. Robert G. Patrick; Frances P. Patrick; Big Confederate Dogs, L.L.C., Plaintiffs-Appellants, v. Beau View of Biloxi, L.L.C., Defendant-Appellee. Timothy E. Durst; David J. Waagbo, Plaintiffs-Appellants, v. Beau View of Biloxi, L.L.C., Defendant-Appellee. Andrew Cumming, Plaintiff-Appellant, v. Beau View of Biloxi, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 28, 2011.

Attorney(s) appearing for the Case

Patrick A. Sheehan , Sheehan Law Firm, P.L.L.C., Ocean Springs, MS, R. Hayes Johnson, Jr. (argued), Sheehan & Johnson, Biloxi, MS, for all Plaintiffs-Appellants.

Arthur Freeman Jernigan, Jr. , Samuel Ernest Linton Anderson (argued), Harris, Jernigan & Geno, P.L.L.C., Ridgeland, MS, for Defendant-Appellee.

Before KING, DAVIS and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Plaintiffs were purchasers of condominium units at a planned development on the Mississippi Gulf Coast. They seek to rescind their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act. The district court granted summary judgment in favor of the defendant Beau View, holding that a statutory exemption applied.

We REVERSE and REMAND.

FACTS AND PROCEDURAL HISTORY

Beau...

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