McGRAW EDISON CREDIT v. MOTOROLA COMMUNICATIONS

No. 78-1225. Summary Calendar.

579 F.2d 885 (1978)

McGRAW EDISON CREDIT CORPORATION, Plaintiff-Appellant, v. MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 5, 1978.


Attorney(s) appearing for the Case

Glenville Haldi, Atlanta, Ga., for plaintiff-appellant.

Powell, Goldstein, Frazer & Murphy, Daniel M. Coursey, Jr., Jeffrey W. Kelley, Atlanta, Ga., for defendant-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


RONEY, Circuit Judge:

The district court granted summary judgment for defendant Motorola Communications and Electronics, Inc. on both breach of contract and conversion counts of McGraw Edison Credit Corporation's complaint. Relying on McMullan v. Community Acceptance Corp., 78 Ga.App. 616, 51 S.E.2d 575 (1949), the court held that under Georgia law, the repurchase agreements sued upon were guaranty contracts, on which liability is defeated if the holder has...

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