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AMERITRUST CO., N.A. v. WHITE

No. 94-8370.

73 F.3d 1553 (1996)

AMERITRUST COMPANY, N.A., a national banking association, Plaintiff-Counter Defendant-Appellant, Cross Appellee, v. C.K. WHITE, Defendant-Counterclaimant-Appellee, Cross Appellant.

United States Court of Appeals, Eleventh Circuit.

February 6, 1996.

Attorney(s) appearing for the Case

Robert H. Hishon, Jesse S. Burbage, Mike Bothwell, Hishon & Burbage, Atlanta, GA, for Ameritrust.

J. Comer Yates, Elizabeth Penn Payne, Nations Yates & Freeman, Atlanta, GA, for White.

Before TJOFLAT, Chief Judge, BARKETT, Circuit Judge, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

This is a suit on a promissory note by the owner of the note, plaintiff-appellant Ameritrust Company, N.A. ("Ameritrust"), against the maker, defendant-appellee C.K. White ("White"). White executed the note as part of the purchase price of a limited partner's share in a limited partnership known as Amberwood Apartments of Bartow County, II, Ltd. ("Amberwood"). White made the note payable to Amberwood. Thereafter, Amberwood's general partner...

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