FREEBY v. NORTH DENVER BANK

No. 25393.

394 F.2d 149 (1968)

Glen C. FREEBY, Appellant, v. The NORTH DENVER BANK, Appellee.

United States Court of Appeals Fifth Circuit.

May 7, 1968.


Attorney(s) appearing for the Case

Wm. L. Bagby, DeVore, Bagby, Ashworth, McGahey, Ross & Burnett, Arlington, Tex., for appellant.

George F. Christie, McDonald, Sanders, Wynn, Ginsburg, Phillips & Maddox, Robert D. Maddox, Fort Worth, Tex., for appellee.

Before RIVES, BELL and GOLDBERG, Circuit Judges.


PER CURIAM:

This appeal is from a summary judgment rendered in a suit on a promissory note for a liquidated sum. The execution, delivery and validity of the note were not questioned. The defense was payment. Following the completion of discovery proceedings the bank moved for summary judgment on the ground that the note had not been paid.

The memorandum opinion filed by the District Court in connection with the grant of the motion for summary judgment contains...

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