Dale R. Michael v. Elba McIntosh

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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08-3698
DALE R. MICHAEL,
Appellant
v.
ELBA MCINTOSH; BETSY M. GOODWILL
On Appeal from the United States District Court
for the District of the Virgin Islands
(Civ. No. 3-07-cv-00100)
District Judge: Hon. Lawrence F. Stengel
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
December 4, 2009
Before: McKee, Fuentes and Nygaard, Circuit Judges
(Opinion filed :January 11, 2010 )
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OPINION
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MCKEE, Circuit Judge
Dale R. Michael appeals the district court’s grant of summary judgment in favor of
the defendants in this action alleging that the defendants defrauded him out of an interest
in real estate. For the reasons that follow, we will affirm.

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2
Inasmuch as we are writing primarily for the parties who are familiar with the
rather contentious background of this suit, we need not set forth the procedural or factual
history. We have reviewed the record and the briefs of the parties as well as the district
court’s very thorough and thoughtful Memorandum dated July 31, 2008. In that
Memorandum, Judge Stengel carefully explains that there is no genuine issue of material
fact and that the defendants are entitled to judgment as a matter of law. We can add little
to Judge Stengel’s explanation, and we will therefore affirm substantially for the reasons
set forth in his July 31, 2008 Memorandum.

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