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FIRST NATIONAL CITY BANK v. BERRY

No. 27904.

421 F.2d 880 (1970)

FIRST NATIONAL CITY BANK, etc., and Berry, Selvey & Cia, etc., Plaintiffs-Appellees, v. Calvin Gale BERRY and Leo Joseph Selvey, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 7, 1970.

Attorney(s) appearing for the Case

M. Howard Williams, Tallahassee, Fla., for defendants-appellants.

Charles H. Spitz, A. Frank O'Kelley, Helen C. Ellis, Keen, O'Kelley & Spitz, Tallahassee, Fla., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal from a summary judgment in favor of the bank against two former officers, stockholders and directors who were also creditors of a Colombian corporation. The judgment of the trial court was that, as a matter of law, based on its construction of a limitation provision in the charter and of the minutes of a directors' meeting1 there was no material issue of fact to be decided. The court construed these...

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