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CITIZENS NAT. BANK OF ORANGE, VA. v. WAUGH

No. 3854.

78 F.2d 325 (1935)

CITIZENS NAT. BANK OF ORANGE, VA., et al. v. WAUGH.

Circuit Court of Appeals, Fourth Circuit.

June 3, 1935.

Attorney(s) appearing for the Case

E. H. DeJarnette, Jr., of Orange, Va. (H. E. DeJarnette and John R. Pendleton, both of Princeton, W. Va., on the brief), for appellants.

James S. Kahle and George Richardson, Jr., both of Bluefield, W. Va., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from so much of a judgment on certain promissory notes as denies recovery of the 10 per cent. attorney's fee therein provided for. The facts are undisputed. The makers of the notes were residents of West Virginia, and the notes were executed and delivered to a Virginia bank, from which a loan was obtained. While the notes and accompanying deed of trust not here material were executed in West Virginia, the agreement with the...

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