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FORSYTHE v. OVERMYER

Nos. 75-2855 and 76-1780.

576 F.2d 779 (1978)

Max W. FORSYTHE, Helen H. Forsythe, E. Bush Hayden and Jean Mulliken, Plaintiffs-Appellees, v. D. H. OVERMYER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 16, 1978.

Attorney(s) appearing for the Case

Frank M. Kaplan (argued), of Schwartz, Alschuler & Grossman, Los Angeles, Cal., for defendant-appellant.

Jerome Sapiro, Jr. (argued), of Cullinan, Burns & Helmer, San Francisco, Cal., for plaintiffs-appellees.

Before WRIGHT and TANG, Circuit Judges, and THOMPSON, District Judge.

Rehearing and Rehearing En Banc Denied June 16, 1978.

EUGENE A. WRIGHT, Circuit Judge:

Defendant appeals from a judgment for plaintiffs who sued to recover on a personal guaranty. Appellant Overmyer, a New York resident, was chairman of the board and sole stockholder of D. H. Overmyer, Inc. (Ohio) [hereafter Ohio, Inc.], an Ohio corporation. Ohio, Inc., in turn, was the 100% owner of D. H. Overmyer, Inc. (Oregon) [hereafter Oregon, Inc.], an Oregon corporation...

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