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DECATUR COCA-COLA BOTTLING CO. v. VARIETY VENDING CORP.

Civ. A. No. 10872.

277 F.Supp. 393 (1967)

DECATUR COCA-COLA BOTTLING CO., Inc., Plaintiff, v. VARIETY VENDING CORPORATION and National Uni-Pac, Inc., Defendants.

United States District Court N. D. Georgia, Atlanta Division.

July 17, 1967.

Attorney(s) appearing for the Case

B. Harvey Hill, Jr., Alston, Miller & Gaines, Atlanta, Ga., for plaintiff.

W. Rhett Tanner, Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for defendants.

ORDER OF COURT

EDENFIELD, District Judge.

This is a diversity case arising under the Georgia version of the Uniform Commercial Code. In Count I of the complaint the plaintiff vendor, holding a note and security agreement, sues his vendee for the price of certain goods. In Count II he also seeks a judgment against a second defendant who "guaranteed" the debt. A motion to dismiss has been filed by the second defendant on the ground that, under Georgia law...

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