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McGRATH v. POPPLETON

Civil Action No. 06-2313 (JEI).

550 F.Supp.2d 564 (2008)

John J. McGRATH, Jr., and Denise McGrath, Plaintiffs, v. Donald G. POPPLETON, and Barbara M. Poppleton, Defendants. American Eagle Realty, Inc., Plaintiff, v. John G. McGrath, Jr., and Denise McGrath, Defendants.

United States District Court, D. New Jersey.

May 6, 2008.

Attorney(s) appearing for the Case

Louis McFadden, Jr., Esq., Linwood, NJ, for John and Denise McGrath.

Barry, Corrado, Grassi & Gibson, P.C. by J. Christopher Gibson, Esq., Wildwood, NJ, for Donald and Barbara Poppleton.

Edward R. Murphy, Esq., Haddonfield, NJ, for American Eagle Realty, Inc.

OPINION

IRENAS, Senior District Judge:

This case principally involves the question of who is entitled to a $300,000 "nonrefundable deposit," which Defendants, Donald and Barbara Poppleton ("the Poppletons"), paid upon signing a contract to purchase a beach house from Plaintiffs, John and Denise McGrath ("the McGraths").1 The Poppletons ultimately did not purchase the subject...

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