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MATTER OF WEST

No. 93-3248.

22 F.3d 775 (1994)

In the Matter of Pamela A. WEST, Debtor-Appellee. Appeal of John R. OLTMAN.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1994.

Attorney(s) appearing for the Case

Howard C. Emmerman (argued), Jonathan D. Sherman and Dennis T. Trainor, Katz, Randall & Weinberg, Chicago, IL, for appellant.

Jeffrey Schulman and Harold Rosen (argued), Wolin & Rosen, Chicago, IL, for debtor-appellee.

Before CUMMINGS and MANION, Circuit Judges, and MILLER, District Judge.

MILLER, District Judge.

In Maryland Casualty Co. v. Cushing, 171 F.2d 257, 258-259 (7th Cir.1948), this court held that a promissory note generally does not discharge the debt for which it is given, but fully discharges the original debt if it is shown that the note was given and received as payment or waiver of the original debt and the parties agreed that the note was to substitute...

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