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BANK OF HEFLIN, ETC. v. LANDMARK INNS OF AMERICA

No. 77-2151.

604 F.2d 354 (1979)

BANK OF HEFLIN, HEFLIN, ALABAMA, Plaintiff-Appellee, v. LANDMARK INNS OF AMERICA, INC., etc., et al., Defendants, Charles W. Luedtke, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 1979.

Attorney(s) appearing for the Case

R. Avon Buice, Warner Robins, Ga., for defendant-appellant.

John S. Casey, Heflin, Ala., for plaintiff-appellee.

Before TJOFLAT and VANCE, Circuit Judges, ALLGOOD, District Judge.

VANCE, Circuit Judge:

Defendant, Charles W. Luedtke, appeals a summary judgment in which the plaintiff bank was awarded $25,000.00 plus interest and attorneys fees.

In March 1974 appellant and his codefendant, William G. Kinsey, each owned fifty percent of the common stock of codefendant, Landmark Inns of America, Inc. On behalf of the corporate defendant, Kinsey obtained a $75,000.00 line of credit from the Exchange Bank of Montgomery, Alabama. He gave the...

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