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FIRST STATE BANK & TRUST CO. OF VALDOSTA, GEORGIA v. McIVER

Nos. 88-8216, 88-8887.

893 F.2d 301 (1990)

FIRST STATE BANK & TRUST COMPANY OF VALDOSTA, GEORGIA, and Fidelity & Deposit Company of Maryland, Plaintiffs-Appellees, v. Bruce McIVER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 29, 1990.

Attorney(s) appearing for the Case

Wilfred C. Varn, Ervin, Varn, Jacobs, Odom & Ervin, William E. Whitlock, III, Robert G. Gough, Robert M. Ervin, Jr., Tallahassee, Fla., for defendant-appellant.

Willis L. Miller, III, Barham, Elliott, Bennett, Miller, Stone & Cowart, Valdosta, Ga., for plaintiffs-appellees.

Before CLARK and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

This diversity action involves two consolidated appeals arising from orders granting summary judgment to plaintiffs and denying the defendant's Rule 60(b) motion for relief from judgment based on newly discovered evidence. We affirm.

BACKGROUND

On July 1, 1977, defendant Bruce McIver executed and delivered a promissory note under seal in the amount of $100,000 to First State Bank and Trust Company of Valdosta, Georgia ("First...

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