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FEDERAL DEPOSIT INS. CORP. v. WALDRON

No. 79-1734.

630 F.2d 239 (1980)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellee, v. Scott M. WALDRON; Herbert L. Benson, Jr.; Truitt H. Casey; Vermelle Roland Fagan, Executrix of the Estate of Wylie H. Fagan, deceased; and L. G. Funderburk, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Joe E. Berry, Jr., Columbia, S. C. (Berry, Dunbar & Woods, Columbia, S. C., on brief), for appellants Benson, Casey and Funderburk.

Robert G. Price, Columbia, S. C. (Kennedy & Price, Columbia, S. C., on brief), for appellant Fagan.

Hamilton Osborne, Jr., Columbia, S. C. (Boyd, Knowlton, Tate & Finaly, Columbia, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

This action to collect on a guaranty of a corporate note was brought by the Federal Deposit Insurance Corporation (FDIC) against Scott M. Waldron, Herbert L. Benson, Jr., Truitt H. Casey, Vermelle Roland Fagan, Executrix of the Estate of Wylie H. Fagan, Deceased, and L. G. Funderburk (Guarantors). The district court granted summary judgment to the FDIC based on depositions and affidavits. The Guarantors appeal. We affirm the judgment of the...

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