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PANASONIC CO. v. ZINN

No. 89-2168.

903 F.2d 1039 (1990)

PANASONIC COMPANY, DIVISION OF MATSUSHITA ELECTRIC CORP. OF AMERICA, Individually and as Successor to Panasonic West, Inc., Plaintiff-Appellant, v. Julius ZINN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

William J. Dyer, Morton L. Susman, Mark D. Manela, Mark G. Lazarz, Weil, Gotshal & Manges, Houston, Tex., for plaintiff-appellant.

Eileen K. Wilson, Carol S. Vance, Bracewell & Patterson, Houston, Tex., for defendant-appellee.

Before REAVLEY, JONES and DUHE, Circuit Judges.

REAVLEY, Circuit Judge:

Appellant Panasonic Company ("Panasonic") brought this claim to recover on a continuing guaranty executed by appellee Julius Zinn. The district court denied Panasonic's motion for summary judgment and granted Zinn's cross motion for summary judgment on the grounds that the guaranty was void as a violation of the Texas Constitution and that Panasonic had repudiated the guaranty. There being no genuine issue of material fact and Panasonic being...

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