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MODERN REALTY OF MISSOURI v. SHIVERS & ASSOCIATES

No. 95-2401-Civ.

705 F.Supp. 556 (1989)

MODERN REALTY OF MISSOURI, INC., a Missouri corporation, Plaintiff, v. SHIVERS & ASSOCIATES, INC., a Georgia corporation; and Harold E. Shivers, Individually; and Key Lime Resort and Marina Club, Inc., a Florida corporation; and Key Lime Vacations, Inc., a Georgia corporation; and Marathon, Ltd., a Georgia limited partnership; and Key Lime Vacations, Inc., a Florida corporation, Defendants.

United States District Court, S.D. Florida.

January 30, 1989.

Attorney(s) appearing for the Case

James Wyrsch, Koenigsdorf, Wyrsch & Ramsey, P.A., Kansas City, Mo., Hugh J. Morgan, Morgan & Hendrick, P.A., Key West, Fla., for plaintiff.

Karl Beckmeyer, Beckmeyer, Mulick & Wolkowsky, Tavernier, Fla., for defendants.

S. Alan Stanley and Neal B. Shniderman, Blackwell, Walker, Fascell & Hoehl, Miami, Fla., for Marathon Ltd.

MEMORANDUM OPINION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

HASTINGS, District Judge.

THIS CAUSE comes before the Court on Defendants' motion for partial summary judgment on Plaintiff's Complaint1 and Plaintiff's motion for summary judgment on Defendants' Counterclaim. After careful consideration of the motions, responses, replies, memoranda, attachments and being fully advised, the reasoning of the Court is set forth below...

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