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NEW ENGLAND MERCHANTS NAT. BANK v. ROSENFIELD

No. 77-1627.

679 F.2d 467 (1982)

NEW ENGLAND MERCHANTS NATIONAL BANK, Plaintiff-Appellee, v. Coleman R. ROSENFIELD, and Gladys Rosenfield, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B.

July 1, 1982.

Attorney(s) appearing for the Case

Gary D. Fox, Alan G. Greer, Miami, Fla., for defendants-appellants.

Gordon N. Schultz, Cyril Hochberg, Boston, Mass., for plaintiff-appellee.

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

TJOFLAT, Circuit Judge:

New England Merchants National Bank of Boston, Massachusetts (New England Merchants), brought this diversity action against Coleman and Gladys Rosenfield, the guarantors of several defaulted promissory notes given the bank by a bankrupt restaurant chain, Mama Tino, Inc. The amount due on the notes, $371,196, was not in dispute, but the Rosenfields denied they were liable to the bank as guarantors. The case was tried to a jury, and at the close...

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