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GREEN v. FOLEY

Nos. 87-2639, 87-2685.

856 F.2d 660 (1988)

Gary GREEN, Plaintiff-Appellee, v. Maurice P. FOLEY, Defendant-Appellant. Gary GREEN, Plaintiff-Appellee, v. Maurice P. FOLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1988.

Rehearing and Rehearing Denied October 14, 1988.

Attorney(s) appearing for the Case

John Raymond Hartnett (Brincefield & Associates, P.C., Alexandria, Va., on brief), for defendant-appellant.

Lawrence Eliot Freedman, Fairfax, Va., for plaintiff-appellee.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 14, 1988.

MURNAGHAN, Circuit Judge:

The appellee, Gary Green, tries to portray the case as involving an ordinary commercial transaction in which a guarantor (appellant Maurice P. Foley) is simply trying to duck liability on a note. The attempted characterization is far from accurate. In fact, Green has been part of a scheme with two of Foley's business partners (Alan Silverstein and Stephen M. Zimpel), in which...

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