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COBB BANK & TRUST CO. v. AM. MFRS. MUT. INS. CO.

No. 78-3765.

624 F.2d 722 (1980)

COBB BANK & TRUST COMPANY, Plaintiff-Appellant, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellee, Omnibus Group, Inc., Third-Party Defendant.

United States Court of Appeals, Fifth Circuit.

August 22, 1980.

Attorney(s) appearing for the Case

J. Eric Dahlgren, Alfred S. Lurey, Atlanta, Ga., for plaintiff-appellant.

Phillips, Hart & Mozley, John W. Hinchey, Atlanta, Ga., for defendant and third-party plaintiff-appellee.

Before COLEMAN, Chief Judge, RONEY and GARZA, Circuit Judges.

PER CURIAM:

American Manufacturer's Mutual Insurance Company, as surety, issued a guarantee bond for a note from Omnibus Group, Inc. to Getty-Grafton and/or assigns. Getty-Grafton failed to fund the note and assigned the bond to Cobb Bank and Trust, who used it to guarantee a new note from Omnibus to Cobb. Cobb sued the surety on the guarantee when Omnibus failed to repay the loan, and the surety denied liability. The Court below found the Cobb note was not guaranteed...

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