EUROPEAN AMERICAN, ETC. v. STARCRETE INTERN. IND.

No. 78-1183.

613 F.2d 564 (1980)

EUROPEAN AMERICAN BANK AND TRUST CO., administrating agent for the Federal Deposit Insurance Corp. as liquidators of Franklin National Bank, Plaintiff-Appellant, v. STARCRETE INTERNATIONAL IND., INC. et al., Defendants, Johnston Staples and Judy Staples, Defendants-Appellees, Albert L. Rogero, Frank Mangano and Robert Hensberry, Defendants.

United States Court of Appeals, Fifth Circuit.

March 13, 1980.


Attorney(s) appearing for the Case

William P. O'Malley, Clearwater, Fla., for European American Bank and Trust Co.

Aubrey O. Dicus, Jr., St. Petersburg, Fla., for Johnston Staples and Judy Staples.

Before TUTTLE, BROWN and TATE, Circuit Judges.


TATE, Circuit Judge:

The issue of this appeal concerns the liability of the defendants Johnston Staples and his wife Judy. They are each sued upon a written guaranty to which their names were forged. The plaintiff (the liquidator of an insolvent bank to which the obligation secured by the guaranty had been assigned) appeals from directed-verdict dismissal of its claim. We affirm.

The narrow issue before us concerns the alleged liability of the Stapleses by...

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