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WHITE v. PHILLIPS

No. 80-7689.

679 F.2d 373 (1982)

William H. WHITE, d/b/a Southern Investment Company, Plaintiff-Appellee, v. Lofton A. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

June 16, 1982.

Attorney(s) appearing for the Case

Fletcher Thompson & Associates, Mark C. Ellison, Fletcher Thompson, Atlanta, Ga., for defendant-appellant.

Arnall, Golden & Gregory, Charles L. Gregory, Jeffrey C. Baxter, Atlanta, Ga., for plaintiff-appellee.

Before GODBOLD, Chief Judge, TJOFLAT, and THOMAS A. CLARK, Circuit Judges.

THOMAS A. CLARK, Circuit Judge:

After a bench trial below, the district court entered judgment on behalf of William White for $39,090.92 plus attorney's fees and interest. The court held Lofton Phillips liable for that amount as a compensated surety. Because White's claims are within the scope of Phillips' "guaranty,"1 we affirm.

Facts

Mr. and Mrs. Phillips became acquainted with R. C. Shumpert as a member of their...

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