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ELLIS v. ZUCK

No. 76-1745. Summary Calendar.

546 F.2d 643 (1977)

Phillip D. ELLIS and Marilyn N. Ellis, Plaintiffs-Appellees, v. Richard ZUCK et al., Defendants, Wilma Zuck Aulsbrook, as Administratrix of the Estate of Gordon D. Zuck, Deceased, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 1977.

Attorney(s) appearing for the Case

Samuel G. McKerall, Foley, Ala., Rhea, Boyd & Pitts, Gadsden, Ala., for defendant-appellant.

Richard F. Ogle, Birmingham, Ala., for plaintiffs-appellees.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

In the District Court for the Northern District of Alabama, plaintiffs sued the Estate of Gordon D. Zuck (and others not concerned in this appeal), alleging fraud on the part of Zuck prior to his death. Judgment against the estate included compensatory and punitive damages, punitive damages being recoverable in a fraud action in Alabama. Loch Ridge Cons. Co. v. Barra, 291 Ala. 312, 280 So.2d 745 (1973).

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