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GRIFFIN v. SEMPERIT OF AMERICA, INC.

Civ. A. No. 76-H-807.

414 F.Supp. 1384 (1976)

F. O'Neil GRIFFIN, Plaintiff, v. SEMPERIT OF AMERICA, INC., a New York Corporation, Defendant.

United States District Court, S. D. Texas, Houston Division.

June 7, 1976.

Attorney(s) appearing for the Case

Richard P. Keeton, Eleanor S. Glass, Alan Schulman, Vinson, Elkins, Searls, Connally & Smith, Houston, Tex., for plaintiff.

Michael R. Waller and Fred Stumpf, Childs, Fortenbach, Beck & Guyton, Houston, Tex., and Stephen Rachlis, Wachtell, Manheim and Grouf, New York, New York, for defendant.

MEMORANDUM AND ORDER

CARL O. BUE, Jr., District Judge.

I. INTRODUCTION

This dispute arises out of a contract in which plaintiff as guarantor executed a guaranty agreement with the defendant. Specifically, plaintiff guaranteed to defendant prompt and full payment of all indebtedness and liabilities at any time owing to the defendant under the terms of a security agreement between defendant and plaintiff's brother.

Plaintiff here contends...

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