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McCAIN v. COX

No. DC 80-10-WK-P.

531 F.Supp. 771 (1982)

Charles W. McCAIN and Charles D. Shipp, Plaintiffs, v. R. E. COX and John Hancock Mutual Life Insurance Company, Defendants.

United States District Court, N. D. Mississippi, Delta Division.

February 10, 1982.

Attorney(s) appearing for the Case

F. Ewin Henson, III, Clarksdale, Miss., Warner Hodges, Memphis, Tenn., for plaintiffs.

Joel P. Walker, Hernando, Miss., for defendants.

MEMORANDUM OPINION

KEADY, Chief Judge.

In this diversity action, plaintiffs Charles McCain, a resident of Tennessee, and Charles D. Shipp, a resident of Mississippi, sue defendant R. E. Cox, a resident of Arkansas, seeking damages for his refusal to consummate a real estate transaction pursuant to a May 4, 1979 contract.1 In defense, Cox maintains that he possessed the right to terminate the transaction and that plaintiffs or...

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