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KINGSBERRY HOMES CORPORATION v. COLLINS

No. 21302.

347 F.2d 351 (1965)

KINGSBERRY HOMES CORPORATION, Appellant, v. W. H. COLLINS, Trustee, W. H. Collins, as Trustee for Collins and Company, a partnership composed of W. H. Collins and John Collins, and for W. H. Collins and John Collins, Partners, doing business as Collins and Company, Appellees. W. H. COLLINS, Trustee, W. H. Collins, as Trustee for Collins and Company, a partnership composed of W. H. Collins and John Collins, and for W. H. Collins and John Collins, Partners, doing business as Collins and Company, Appellants, v. KINGSBERRY HOMES CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 3, 1965.

Attorney(s) appearing for the Case

Drayton T. Scott, George F. Maynard, Frank C. Galloway, Jr., Birmingham, Ala., for appellant, Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., of counsel.

R. Clifford Fulford, Birmingham, Ala., for appellees, Levine, Fulford, Gwaltney & Pope, Birmingham, Ala., of counsel.

Before JONES and BROWN, Circuit Judges, and SHEEHY, District Judge.

PER CURIAM.

The appellee brought a diversity action against the appellant seeking recovery upon a guaranty of promissory notes made by an individual who was not a party to the action. The case was tried without a jury. Judgment for the claim of the appellee was entered, except as to attorneys' fees, which the court denied. The appellant seeks a reversal of the determination of its liability on the guaranty. The appellee, by cross-appeal, seeks to have its attorneys...

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