Legal Opinion

Hoyte Gentry and N. R. Johnston v. William R. Smith

Court of Appeals for the Fifth Circuit

Decided November 20, 1973No. 72-2903PublishedCited by 92 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This diversity contract action involves questions of rescission and assessment of damages under Florida law, and proper joinder of parties under the Federal Rules of Civil Procedure. William Smith, defendant-appellant, agreed to purchase from plaintiffs-appellees, Hoyte Gentry and N. R. Johnston, their stock in American Motor Inns of Florida, Inc., a Florida corporation which had as its sole asset a motel in Fort Lauder-dale. As putative purchaser, Smith was in possession of the motel for seven months. He appeals from the district court’s judgment that the contract of…

2Cases cited31 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Mullaney v. AndersonSupreme Court of the United States · 1952
  3. Ferdinand Henry Schutten v. Shell Oil CompanyCourt of Appeals for the Fifth Circuit · 1970
  4. Ellerman Lines, Ltd. v. Atlantic & Gulf Stevedores, Inc.Court of Appeals for the Third Circuit · 1965
  5. George W. Whiteman v. Elsoyd PitrieCourt of Appeals for the Fifth Circuit · 1955

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3Cited by92 opinions

  1. Young v. City of Augusta Ex Rel. DeVaneyCourt of Appeals for the Eleventh Circuit · 1995
  2. In Re Air Crash Disaster at Florida Everglades on December 29, 1972. Dorothy Gordon, Etc., Joseph Mazur and Rose Mazur, Meryl Adrienne Rubin, Etc., and Fuchsberg & Fuchsberg, Their Attorneys v. Eastern Air Lines, Inc., Steve N. Minguzzi, and Landes, Wingate & Shamis, Their Attorneys v. Eastern Air Lines, Inc., and "Plaintiffs' Committee,"Court of Appeals for the Fifth Circuit · 1977
  3. Jerald H. Miller v. The United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1984
  4. 27 Fair empl.prac.cas. 913, 27 Empl. Prac. Dec. P 32,328 United States of America v. The City of Miami, Florida v. Fraternal Order of Police, City of Miami Lodge No. 20, Kenneth R. Harrison, President, and the Miami Police Benevolent AssociationCourt of Appeals for the Fifth Circuit · 1981
  5. Soler v. G & U, Inc.District Court, S.D. New York · 1980

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