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HART v. FIRST NATIONAL BANK OF BIRMINGHAM, ALABAMA

No. 23181.

373 F.2d 202 (1967)

Joseph W. HART, Luella F. Hart and J. Carl Russell, Appellants, v. The FIRST NATIONAL BANK OF BIRMINGHAM, Birmingham, ALABAMA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1967.

Attorney(s) appearing for the Case

Fyke Farmer, Nashville, Tenn., for appellants.

Leigh M. Clark, W. H. Trueman, Birmingham, Ala., for appellee, Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., of counsel.

Before TUTTLE, Chief Judge, and THORNBERRY and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

During the war year of 1942, Joseph W. Hart and J. Carl Russell (the plaintiffs-appellants), architects residing in Nashville, Tennessee, formed the Country Club Village Corporation (Country Club) to build a 412-unit housing project in Mobile, Alabama. Country Club, by completion of construction in October, 1943, had borrowed $2,200,000 to build the project from the First National Bank of Birmingham (the defendant-appellee) and the Merchant...

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