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USX CORP. v. TANENBAUM

No. 88-4809 Summary Calendar.

868 F.2d 1455 (1989)

USX CORPORATION, Plaintiff-Appellee, v. B.J. TANENBAUM, Jr. and Ted Tan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 27, 1989.

Attorney(s) appearing for the Case

Frank H. Spruiell, Jr., Comegys, Lawrence, Jones, Odom & Spruiell, Shreveport, La., for defendants-appellants.

W. Lake Hearne, T. Haller Jackson, Jr., Tucker, Jeter, Jackson & Hickman, Shreveport, La., for plaintiff-appellee.

Before POLITZ, KING and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

The district court granted summary judgment to USX Corporation in its suit against B.J. Tanenbaum, Jr. as a surety for Dawn Drilling Company. Concluding that the district court erred in finding Tanenbaum bound in solido with Dawn Drilling and, as a consequence, not entitled to plead division,1 we reverse and remand.

Background

In return for the extension of credit to Dawn Drilling...

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