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COLONIAL AM. NAT. BANK v. KOSNOSKI

No. 78-1602.

617 F.2d 1025 (1980)

COLONIAL AMERICAN NATIONAL BANK, Appellee, v. Robert L. KOSNOSKI, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1980.

Rehearing Denied May 5, 1980.

Attorney(s) appearing for the Case

Douglas D. Wilson, Roanoke, Va. (Gerald A. Dechow, Martin, Hopkins & Lemon, P. C., Roanoke, Va., on brief), for appellant.

William R. Rakes, Roanoke, Va. (Bruce C. Stockburger, Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellee.

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

ALBERT V. BRYAN, Senior Circuit Judge:

Adjudged liable as the guarantor of two dishonored loans of the Colonial American National Bank at Roanoke, Virginia, Robert L. Kosnoski of West Virginia, appeals the judgment passed in a diversity action June 19, 1978, after a bench trial, by the Federal Court for the Western District of Virginia. In defense, he had pleaded complete release from the guaranty because of the bank's failure, upon his demand, after default in the...

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