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Internet real estate lawsuit settled, dismissed
by Patsy R. Brumfield/NEMS Daily Journal
Oct 28, 2011 | 1752 views | 0 0 comments | 4 4 recommendations | email to a friend | print
GREENVILLE - A four-year-old lawsuit was dismissed Wednesday against Oxford Internet real estate business FNC Inc.

But before that could happen, the federal legal action was filed in Maryland, moved to Mississippi, then reversed by the Fifth Circuit Court of Appeals in New Orleans and sent back to Mississippi's Northern District.

Wednesday, U.S. District Judge W. Allen Pepper granted a joint motion to dismiss the lawsuit after all parties told the court that claims were settled.

Details of the settlement were not public.

In May 2007, FNC Inc. was sued by Harold H. Huggins Realty Inc. and others involved in the residential real estate industry. They claimed they'd provided FNC with various computerized data about their businesses and that FNC made false advertising claims and used their data for its own benefit, without approval.

The plaintiffs asked for a jury trial and claims exceeding $5 million.

They also asked the court to prohibit FNC from falsely advertising its service and to award punitive damages.

FNC, which denied all the allegations, was founded at the University of Mississippi by four business professors and a grad student.

In March, a three-judge panel at the Fifth Circuit reversed decisions by Pepper, who said the plaintiffs lacked standing to sue under the Lanham Act, which seeks to protect individuals from business injury because of anti-competitive conduct.

The case was sent back to Mississippi to address the Fifth Circuit findings.

"The plaintiffs have a concrete, determinate damages claim," the judges said.

Wednesday, Pepper also dismissed any class action claims against FNC. The dismissal prevents any resumption of claims.

patsy.brumfield@journalinc.com
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