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PEOPLES BANK OF POLK COUNTY v. ROBERTS

No. 85-3266.

779 F.2d 1544 (1986)

PEOPLES BANK OF POLK COUNTY, Plaintiff-Appellee, Cross-Appellant v. Arlis L. ROBERTS and Nadine Roberts, his wife, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 14, 1986.

Attorney(s) appearing for the Case

John L. Taylor, Jr., Otto F. Feil, III, Atlanta, Ga., Charles C. Lane, Lau, Lane, Pieper & Asti, Tampa, Fla., for defendants-appellants, cross-appellees.

Gerald M. Taylor, Tampa, Fla., for plaintiff-appellee, cross-appellant.

Before HILL and HENDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

In 1982, the Peoples Bank of Polk County ("the Bank") made two loans to Arlis and Nadine Roberts ("the Roberts") secured by 2,805 shares of stock in the Independent Bank of Florida. In June, 1983, after commencing suit on the notes, the Bank sold the stock for $20.00 per share. The parties stipulated that the Roberts were given no prior notice of the sale and did not waive their right to receive such notice. Following a nonjury trial, the district court...

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