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UNION CARBIDE CORPORATION v. KATZ

No. 71-1921.

489 F.2d 1374 (1973)

UNION CARBIDE CORPORATION, a corporation, Plaintiff-Appellant, v. Sidney KATZ, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1973.

Attorney(s) appearing for the Case

P. Terence Crebs, Thomas E. Toney, III, St. Louis, Mo., John M. Ferguson, Belleville, Ill., for plaintiff-appellant.

Sam S. Pessin, Belleville, Ill., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, KILKENNY, Senior Circuit Judge and FAIRCHILD, Circuit Judge.

FAIRCHILD, Circuit Judge.

Plaintiff Union Carbide sought recovery from defendants Harold Rosen and Sidney Katz on a contract of guaranty.1 The district court entered judgment against Rosen, but in favor of Katz. Plaintiff appealed from the latter portion.

Plaintiff sold merchandise on credit to Automotive Warehouses, Inc. In the summer of 1969, plaintiff decided to require a personal guaranty of payment of the corporate indebtedness...

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