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WHEELER v. BLUMLING

No. 07-1992.

521 F.3d 1 (2008)

D. Bruce WHEELER, Plaintiff, Appellee, v. Ryan T. BLUMLING, Defendant, Appellant, Parsons 4E, LLC; Terry Ebels; Frank Zarrelli; Rabon Wolford, Sr.; Thomas G. Polansky, Defendants.

United States Court of Appeals, First Circuit.

Decided March 25, 2008.

Attorney(s) appearing for the Case

Mitchell J. Rotbert, with whom Rotbert Law Group, LLC, was on brief for appellant.

Laurence M. Johnson, with whom Davis, Malm & D'Agostine, P.C., was on brief for appellee.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Ryan T. Blumling appeals from the district court's entry of summary judgment against him in favor of D. Bruce Wheeler, on Wheeler's claim for breach of a guaranty agreement. Blumling contends that he has two defenses to liability on the guaranty: frustration of purpose of the contract and modification of the guaranty by oral agreement. We affirm the judgment of the district court.

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