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ROTHBERG v. ROSENBLOOM

No. 84-1388.

771 F.2d 818 (1985)

Benjamin ROTHBERG, Appellant, v. Sanford ROSENBLOOM and Sanford M. Rosenbloom, Executor For the Estate of David Rosenbloom, Deceased.

United States Court of Appeals, Third Circuit.

Decided September 9, 1985.

Rehearing and Rehearing Denied October 7, 1985.

Attorney(s) appearing for the Case

Stewart Dalzell (argued), Alfred W. Putnam, Jr., Fred Greenberg, Drinker Biddle & Reath, Philadelphia, Pa., for appellant, Benjamin Rothberg.

Tom P. Monteverde (argued), Jean C. Hemphill, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for appellees, David and Sanford Rosenbloom.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges and SAROKIN, District Judge.

Rehearing and Rehearing In Banc Denied October 7, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Benjamin Rothberg, the payee of two demand promissory notes, appeals from a judgment in favor of the makers and guarantor. One note, for $441,050, is made by Sanford Rosenbloom and is unconditionally guaranteed by his brother, David Rosenbloom. The other, for $135,000, is made by David Rosenbloom. After a bench trial the district court held that both...

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