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DERR v. SWAREK

No. 13-60904.

766 F.3d 430 (2014)

Till S. DERR; Kai Derr; Katja Derr; Margret Derr, Plaintiffs-Appellants, v. Thomas L. SWAREK; Thomas Anthony Swarek, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 9, 2014.

Attorney(s) appearing for the Case

Kenneth Bryan Rector , Counsel, Wheeless, Shappley, Bailess & Rector, L.L.P., Vicksburg, MS, for Plaintiffs-Appellants.

John C. Henegan, Esq. , Paul Michael Ellis , Lee Davis Thames , Benjamin McRae Watson , Butler Snow, L.L.P., Ridgeland, MS, for Defendants-Appellees.

Before DAVIS, SMITH, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Thomas L. Swarek and Thomas Anthony Swarek ("the Swareks") sued Herman Derr ("Derr") and Derr Plantation, Inc. ("DPI") in the Chancery Court of Issaquena County, Mississippi ("Chancery Court"), alleging that Derr and his corporation breached a contract for the sale of Mississippi farmland. Derr died while the action was pending and, after years of stagnation in the Chancery Court, Derr's wife and children — Till, Kai, Katja...

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