Borg-warner Acceptance Corporation, an Illinois Corporation,plaintiff-appellee, v. First National Bank of Miami, a Corporation Chartered Underthe Laws of the United States, Defendant-appellant, 536 F.2d 673 (5th Cir. 1976)

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US Court of Appeals for the Fifth Circuit - 536 F.2d 673 (5th Cir. 1976)

Aug. 4, 1976

Herbert Stettin, John Britton, Miami, Fla., for defendant-appellant.

Mark Hicks, Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, JONES and GOLDBERG, Circuit Judges.


This appeal is from a judgment in a diversity case. The substantive law is that of the State of Florida. That law is set forth in International Harvester Credit Corporation v. American National Bank, Fla.1974, 296 So. 2d 32. The factual differences between that case and the case before this Court are not such as require or permit the application of a different rule.

The judgment of the district court is AFFIRMED.