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COMMERCIAL CREDIT CORPORATION v. SORGEL

No. 17901.

274 F.2d 449 (1960)

COMMERCIAL CREDIT CORPORATION, Appellant, v. William J. SORGEL, Executor of Estate of William R. Sorgel, Deceased, and Dorothy L. Foster, Appellees. William J. SORGEL, Executor of Estate of William R. Sorgel, Deceased, and Dorothy L. Foster, Cross-Appellants, v. COMMERCIAL CREDIT CORPORATION, Cross-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 11, 1960.

Attorney(s) appearing for the Case

C. W. Trueheart, Trueheart, McMillan, Russell and Westbrook, San Antonio, Tex., for appellant.

Leon P. Howell, Bradford F. Miller, San Antonio, Tex., for appellees.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

Commercial Credit Corporation sued William R. Sorgel1 on a personal guaranty for the sum of $94,443.62, together with attorneys' fees. As appellant here, it appeals from a judgment entered in favor of Sorgel and his daughter, Mrs. Foster, against it for the sum of $24,318.14.

The suit was filed on a written guaranty under the terms of which Sorgel, a stockholder of Howard Distributing Corporation, unconditionally...

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