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ATLANTIC STATES CONST. CO. v. ROBERT E. LEE & CO., INC. OF S. C.

No. 12441.

406 F.2d 827 (1969)

ATLANTIC STATES CONSTRUCTION COMPANY, Appellee, v. ROBERT E. LEE & CO., INC. OF SOUTH CAROLINA, and Robert M. Lee, Appellants.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1969.

Attorney(s) appearing for the Case

Joseph O. Rogers, Jr., Manning, S. C., (Rogers & Riggs, Manning, S. C., on brief) for appellants.

Irvine F. Belser, Jr., Columbia, S. C., (Charles E. Baker, and Belser, Belser & Baker, Columbia, S. C., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and HUTCHESON, District Judge.

CRAVEN, Circuit Judge:

We affirm the entry below of summary judgment under Rule 56 of the Federal Rules of Civil Procedure against Robert E. Lee & Company, Inc. and Robert M. Lee.

Atlantic States brought this diversity action in the district court on an admittedly valid promissory note dated April 4, 1963, for $58,040.37 bearing six percent interest from December 31, 1964, made by the Lee Company and endorsed individually by Robert M. Lee. Although the...

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