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AMERICAN PERFORMANCE, INC. v. SANFORD

Civ. A. No. 90-T-385-S.

749 F.Supp. 1094 (1990)

AMERICAN PERFORMANCE, INC., a Colorado Corporation, Plaintiff, v. Robert S. SANFORD and Bruner R. Dicus, Defendants.

United States District Court, M.D. Alabama, S.D.

August 24, 1990.

Attorney(s) appearing for the Case

Simeon F. Penton, Montgomery, Ala., for plaintiff.

Joe S. Pittman, J. Stafford Pittman, Enterprise, Ala., for defendants.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff American Performance has brought this action against defendants Robert S. Sanford and Bruner R. Dicus, claiming breach of contract and fraudulent misrepresentation, arising out of a written agreement between the parties. The original jurisdiction of the court has been invoked pursuant to 28 U.S.C.A. § 1332 (diversity of citizenship). The court now has before it defendants' motion to dismiss...

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