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ST. LAWRENCE CEMENT, INC. v. SPIVEY

Nos. 86-1622, 86-1625.

815 F.2d 965 (1987)

ST. LAWRENCE CEMENT, INC.; Independent Cement Corporation, Plaintiffs-Appellees, v. John W. SPIVEY; R. Paul Smith, Defendants-Appellants. ST. LAWRENCE CEMENT, INC.; Independent Cement Corporation, Plaintiffs-Appellees, v. John W. SPIVEY; R. Paul Smith, Defendants, v. LONE STAR INDUSTRIES, INC.; Loan Star Cement, Inc., Party in Interest-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1987.

Rehearing Denied May 15, 1987.

Attorney(s) appearing for the Case

Warren Kadish Kaplan (Daniel M. Litt, Paul B. Bran, Melrod, Redman & Gartlan) Washington, D.C., Nevett Steele, Jr. (Gerson B. Mehlman, Kathleen M. Boucher, Whiteford, Taylor & Preston, Baltimore, Md., on brief), for defendants-appellants.

William E. Donnelly (John M. Dowd, Thomas A. Rothwell, Jr., James M. Lyons, Alfred G. Scholle, C. William Reamer, Heron, Burchette, Ruckert, & Rothwell, Washington, D.C., on brief), for plaintiffs-appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

These consolidated appeals turn on whether a guaranty with cognovit executed by appellants Spivey and Smith to appellants Lone Star Industries and Lone Star Cement, Inc. (Lone Star), was thereafter assigned by Lone Star to appellees St. Lawrence and Independent Cement Corp. (St. Lawrence). Asserting an assignment, St. Lawrence obtained entry of a judgment by confession on the cognovit against Spivey and Smith. Denying the assignment...

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