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WEINGART v. ALLEN & O'HARA, INC.

No. 80-5443.

654 F.2d 1096 (1981)

Kenneth E. WEINGART and wife, Dorothy P. Weingart and BJS Builders, Inc., a defunct Florida corporation, Plaintiffs-Appellants, v. ALLEN & O'HARA, INC., a Tennessee corporation and Omnicon, Inc., a Tennessee corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

September 4, 1981.

Attorney(s) appearing for the Case

Russell Morton Brown, West Palm Beach, Fla., John J. Pichinson, Corpus Christi, Tex., Bodine & Gregory, Edmund Bodine, Tampa, Fla., for plaintiffs-appellants.

Ted R. Manry, III, David J. Kadyk, Marvin E. Barkin, Tampa, Fla., for defendants-appellees.

Before MILLER, Judge, and FRANK M. JOHNSON, Jr. and THOMAS A. CLARK, Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

Plaintiffs-appellants Kenneth and Dorothy Weingart filed this diversity action alleging breach of contract and fraud.1 Plaintiffs, owners of BJS Builders, Inc., averred that defendants-appellees Omnicon, Inc., and Allen & O'Hara, Inc. [Allen], as prime contractors, breached an oral agreement to pay federal payroll withholding taxes owed by plaintiffs on the payrolls relating to four construction...

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