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Fla. Harvestore, v. Smith Harvestore Products

United States Court of Appeals, Fifth Circuit
Oct 17, 1977
561 F.2d 631 (5th Cir. 1977)

Opinion

No. 76-1869.

October 17, 1977.

Dwight Sullivan, Miami, Fla., for defendant-appellant.

Rogers, Morris Ziegler, J. Patrick, Dyal, Fort Lauderdale, Fla., Hogan Hartson, E. Barrett Prettyman, Jr., Stuart Philip Ross, Washington, D.C., for plaintiffs-appellees.

Appeals from the United States District Court for the Southern District of Florida at Miami; Norman C. Roettger, Jr., Judge.

Before GOLDBERG and FAY, Circuit Judges, and DUMBAULD, District Judge:

Senior District Judge of the Western District of Pennsylvania, sitting by designation.


The district court awarded $105,000 damages to plaintiff on the territorial restrictions claim. That part of the judgment is vacated and the case remanded in light of Continental T. V., Inc. v. GTE Sylvania Inc., ___ U.S. ___, 97 S.Ct. 2549, 53 L.Ed.2d 568 (1977).

On the misrepresentation claim the district court rendered judgment for defendant notwithstanding the jury's $20,000 plaintiff's verdict. We uphold the district court's decision. The most significant alleged misrepresentations cannot support a cause of action because the time at which they should reasonably have been discovered through the exercise of due diligence fell outside the limitations period. Any other misrepresentations could not have induced justifiable reliance.

AFFIRMED IN PART, VACATED and REMANDED IN PART.


Summaries of

Fla. Harvestore, v. Smith Harvestore Products

United States Court of Appeals, Fifth Circuit
Oct 17, 1977
561 F.2d 631 (5th Cir. 1977)
Case details for

Fla. Harvestore, v. Smith Harvestore Products

Case Details

Full title:FLORIDA HARVESTORE, INC. (A CORPORATION), ON ITS OWN BEHALF AND ON BEHALF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 17, 1977

Citations

561 F.2d 631 (5th Cir. 1977)

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