NATIONAL METALS COMPANY v. SAPIR

Nos. 8825, 8826.

382 F.2d 100 (1967)

NATIONAL METALS COMPANY, a corporation, Appellant, v. Ben SAPIR and Celia Sapir, his wife, Appellees. MATERIAL PROCESSORS CO., Inc. (NSL), a corporation, Appellant, v. Ben SAPIR and Celia Sapir, his wife, Appellees.

United States Court of Appeals Tenth Circuit.

September 7, 1967.


Attorney(s) appearing for the Case

George T. Harris, Jr., and John R. Cooney, of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., for appellants.

Lewis R. Sutin, of Sutin & Jones, Albuquerque, N. M., for appellees.

WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

This action was brought by appellant, National Metals Company, against appellees, Ben Sapir and Celia Sapir, his wife, and appellant, Material Processors Company, to rescind a guaranty of certain promissory notes and to recover the amount paid by reason of a second guaranty. Material Processors then cross-claimed against the Sapirs to reduce, by judgment or reformation, its liability to the Sapirs on the promissory notes involved. It also sought...

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