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CAPITAL NATIONAL BANK OF TAMPA v. HUTCHINSON

No. 29232.

435 F.2d 46 (1970)

CAPITAL NATIONAL BANK OF TAMPA, Plaintiff-Appellee, Cross-Appellant, v. J.A. HUTCHINSON, Jr., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

Robert E. Knox, Thompson, Ga., A. Rowland Dye, Douglas D. Batchelor, Jr., Augusta, Ga., for appellant; Hull, Towill, Norman, Barrett & Johnson, Augusta, Ga., of counsel.

Gwinn H. Nixon, Augusta, Ga., James B. McDonough, Jr., Tampa, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and INGRAHAM, Circuit Judges.

DYER, Circuit Judge:

In this controversy involving fraud, shoddy business practices and misplaced trust, Hutchinson asks this Court to reverse a judgment notwithstanding the verdict in favor of Capital National Bank of Tampa, Florida. The District Court held Hutchinson liable as the sole remaining solvent endorser on five notes, totalling $40,000. On appeal, Hutchinson contends that the debt for which the notes were collateral had been discharged, thereby releasing...

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