WALTERS, Chief Judge.
Lewis Kulczyk filed this action alleging Anthony Kehle failed to make funds available to cover two checks Kehle had issued to Kulczyk in payment for forty-seven ounces of gold. Kehle alleged as an affirmative defense that no consideration was exchanged for the checks because the checks were to be honored only if Kehle sold the gold to a third party. Following a bench trial, the district court entered a memorandum decision in favor of Kehle. On...
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