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TMA FUND, INC. v. BIEVER

No. 74-2148.

520 F.2d 639 (1975)

TMA FUND, Inc., a Michigan Corporation, Appellant v. James BIEVER and Pamela Biever, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 9, 1975.

Attorney(s) appearing for the Case

Robert W. Maris, John M. Fitzpatrick, Dilworth, Paxson, Kalish, Levy & Coleman, Philadelphia, Pa., for appellant.

Harvey Bartle, III, Dechert, Price & Rhoads, Philadelphia, Pa., for appellees.

Before FORMAN, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge

TMA Fund, Inc., ("TMA"), a Michigan corporation, brought this action to recover monies allegedly due it under an agreement and two promissory notes executed by defendants James and Pamela Biever, residents of Pennsylvania. The defendants answered TMA's complaint by asserting several defenses, including lack of consideration,1 and by filing a...

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