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FMC FINANCE CORP. v. MURPHREE

No. 78-1834.

632 F.2d 413 (1980)

FMC FINANCE CORPORATION, Plaintiff-Appellee, v. Albert D. MURPHREE, Jr. and Dorothy E. Murphree, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 8, 1980.

Attorney(s) appearing for the Case

Charles C. Jacobs, Jr., John Kirkham Povall, Cleveland, Miss., for defendants-appellants.

Lake, Tindall, Hunger & Thackston, Charles S. Tindall, III, W. Wayne Drinkwater, Jr., Greenville, Miss., for plaintiff-appellee.

Before TUTTLE, AINSWORTH and SAM D. JOHNSON, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

Plaintiff FMC Finance Corporation (FMC Finance) brought this diversity action to enforce an unconditional personal guaranty contract of payment against the defendant guarantors, Albert D. Murphree, Jr., and Dorothy Murphree. The guaranty contract covered payment of monies that a closely held Georgia corporation, Perimeter Express, Inc., owed to FMC Finance under a lease agreement. At the close of the defendants' presentation of their...

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