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DIVERSIFIED MOUNTAINEER CORP. v. DUTTINE

No. 78-1649.

612 F.2d 841 (1979)

In the Matter of DIVERSIFIED MOUNTAINEER CORPORATION, Debtor, v. Carl M. DUTTINE, Trustee of Diversified Mountaineer Corporation, Appellee, v. Nick SAVAS et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1979.

Attorney(s) appearing for the Case

William D. Levine, Huntington, W. Va. (Marshall & St. Clair, Huntington, W. Va., William T. Lively, Jr., Lively, Light & Bias, Charleston, W. Va., on brief), for appellants.

Thomas B. Bennett, Charleston, W. Va. (Charles M. Love, III, Bowles, McDavid, Graff & Love, Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and MURNAGHAN, Circuit Judges.

PER CURIAM:

Here we review the decision of the United States Court for the Southern District of West Virginia holding each of the five appellants1 indebted to the bankrupt Diversified Mountaineer Corporation (DMC), a West Virginia industrial loan company, in accordance with the terms of certain individual promissory notes signed by each of them. The notes were given by appellants to DMC, in exchange for shares in DMC's Virginia and West...

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