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WITTER v. TRIUMPH SMOKES, INC.

No. 72-1657 Summary Calendar.

464 F.2d 1078 (1972)

William D. WITTER, Plaintiff-Appellee, v. TRIUMPH SMOKES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 1972.

Attorney(s) appearing for the Case

Ernest R. Reeves, Dallas, Tex., Ben Monning, Jr., Wills Point, Tex., Mc-Kenzie & Baer, Dallas, Tex., Wynne & Wynne, Wills Point, Tex., for defendant-appellant.

Jack D. Eades, Barefoot Sanders, Clark, West, Keller, Sanders & Ginsberg, Dallas, Tex., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Triumph Smokes, Inc. (Triumph) appeals from a summary judgment awarding William D. Witter $88,920.35, plus interest, in his action to enforce payment of two nonsubordinated debentures issued by Triumph. We affirm.

In his complaint Witter alleged that he is a resident of New York who on September 25, 1969, purchased the two debentures from Triumph, a Texas corporation, which at that time was named Bravo Smokes, Inc. The debentures were to mature...

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