UNITED STATES v. VAHLCO CORP.

No. 85-2629.

800 F.2d 462 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. VAHLCO CORPORATION, et al., Defendants, and Frederick Henry Vahlsing, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1986.


Attorney(s) appearing for the Case

Frederick H. Vahlsing, Jr. pro se.

Linda M. Samuel, Atty., Dept. of Justice, Commercial Litigation Branch, Civil Div., Washington, D.C., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Janice Alperin, Atty., Washington, D.C., for plaintiff-appellee.

Before WISDOM, DAVIS, and JONES, Circuit Judges.


WISDOM, Circuit Judge:

This appeal raises the question whether an "absolute and unconditional" guarantor of an indebtedness is discharged from his obligation to answer for the debt if the creditor and principal debtor alter its terms. The district court answered this question in the negative. We reverse and remand for further proceedings consistent with this opinion.

I.

Frederick H. Vahlsing, Jr., at all times relevant for purposes of this appeal...

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