Civ. A. No. C75-236.

548 F.Supp. 755 (1982)

Joe L. CALDWELL; M. Douglas Berry, Trustee of the Estate of Joe L. Caldwell, Bankrupt, v. Tedd MUNCHAK v. The MUNCHAK CORPORATION (of Georgia); Pak Fabrics, Inc.

United States District Court, N. D. Georgia, Atlanta Division.

July 26, 1982.

Attorney(s) appearing for the Case

Jeffrey M. Smith, Richard L. Shackelford, Trotter, Bondurant, Miller & Hishon, Atlanta, Ga., Edward M. Glennon, Linquest & Vennum, Minneapolis, Minn., for plaintiff.

C.B. Rogers, Joseph C. Miller, James W. Beverage, Rogers & Hardin, Atlanta, Ga., for Tedd Munchak.

Edgar H. Sims, Jr., Kutak Rock & Huie, Atlanta, Ga., for third-party defendants.


ORINDA D. EVANS, District Judge.

Plaintiff Caldwell is a former professional basketball player. Plaintiff Berry is his trustee in bankruptcy, added as a party at trial. During the 1974-75 season, Caldwell was suspended by the Spirits of St. Louis, and was never paid his salary for that season. He therefore brought this diversity action against Defendant Munchak on a guarantee that Munchak had executed when Caldwell signed his playing contract with...

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