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MEADOW BROOK NATIONAL BANK v. MASSENGILL

No. 26604.

427 F.2d 1055 (1970)

The MEADOW BROOK NATIONAL BANK, Plaintiff-Appellee, v. John B. MASSENGILL et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 9, 1970.

Attorney(s) appearing for the Case

James J. Morrison, New Orleans, La., Nathan Greenberg, Gretna, La., for defendants-appellants.

Jerry A. Brown, D. Douglas Howard, Bartholomew P. Sullivan, Jr., New Orleans, La., for plaintiff-appellee.

Before WISDOM, GOLDBERG and MORGAN, Circuit Judges.

WISDOM, Circuit Judge.

This diversity case turns on the Louisiana law governing the liability of endorsers liable in solido1 with the maker of a mortgage note. Here the endorsers contend they are released from liability because: the creditor released the principal debtor; they received no demand for payment or notice to appoint appraisers in the executory foreclosure sale; and the note was usurious. We agree with the district judge...

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