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DIXIEBEN CO. v. FALKENBURG

No. CV-89-N-0780-S.

737 F.Supp. 1542 (1990)

DIXIEBEN COMPANY, Plaintiff, v. Frank B. FALKENBURG and Karle J. Falkenburg, Defendants.

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

April 19, 1990.

Attorney(s) appearing for the Case

Michael L. Edwards, Jonathan Scott Harbuck, Balch & Bingham, Birmingham, Ala., Judy Y. Barrasso, Stone Pigman Walther Wittman & Hutchison, New Orleans, La., for plaintiff.

William B. Hairston, III, William B. Hairston, Jr., Engel Hairston & Johanson, Birmingham, Ala., for defendants.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

This is a civil action in which the plaintiff seeks compensatory damages under certain agreements allegedly entered into between these parties and others. Jurisdiction is founded upon diversity of citizenship among the parties. 28 U.S.C. § 1332. The action is presently before the court on cross motions for summary judgment. Both motions are now ripe for decision.

I. THE BACKGROUND OF THE...

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