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Moyer Inc., v. Graham

United States Court of Appeals, Fifth Circuit
Apr 12, 1974
492 F.2d 797 (5th Cir. 1974)

Opinion

No. 29887.

April 12, 1974.

Robert J. Paterno, Miami, Fla., for plaintiff-appellant.

Knight, Underwood, Peters, Hoeveler Pickle, William M. Hoeveler, Miami, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida; Ted Cabot, Judge.

Before GEWIN, COLEMAN and AINSWORTH, Circuit Judges.


We previously certified the issues presented on this appeal to the Supreme Court of Florida for a resolution of the applicable and controlling state law in this diversity suit. See Moyer, Inc. v. Graham, 443 F.2d 434 (5th Cir. 1971). In its opinion, the Florida Supreme Court definitively answered the issues presented. See Moyer, Inc. v. Graham, 285 So.2d 397 (Fla. 1973). In light of that opinion, we vacate the order of the district court dismissing appellant's complaint and remand with directions to that court to require the appellees to respond to the complaint. With respect to Count II of appellant's complaint which asserted a cause of action as third-party beneficiary, a determination of the intent of the owner and the architect as evidenced by their contract will be necessary.

Vacated and remanded.


Summaries of

Moyer Inc., v. Graham

United States Court of Appeals, Fifth Circuit
Apr 12, 1974
492 F.2d 797 (5th Cir. 1974)
Case details for

Moyer Inc., v. Graham

Case Details

Full title:A. R. MOYER, INC., PLAINTIFF-APPELLANT, v. JOHN HANS GRAHAM AND JOHN HANS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 12, 1974

Citations

492 F.2d 797 (5th Cir. 1974)

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