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UNION PLANTERS NAT. BANK OF MEMPHIS v. MARKOWITZ

Civ. No. C-77-2645.

468 F.Supp. 529 (1979)

UNION PLANTERS NATIONAL BANK OF MEMPHIS, Plaintiff, v. Ben MARKOWITZ and J. W. O'Donnell, Defendants.

United States District Court, W. D. Tennessee, W. D.

On Motion to Reconsider April 26, 1979.

Attorney(s) appearing for the Case

Robert F. Miller, Patrick M. Ardis, Wildman, Harrold, Allen, Dixon & McDonnell, Memphis, Tenn., for plaintiff.

Robert C. Liddon, Jr., Heiskell, Donelson, Adams, Williams & Kirsch, Memphis, Tenn., for defendant Markowitz.

W. H. Fisher, III, Memphis, Tenn., for defendant O'Donnell.

Thomas P. Kanaday, Jr., Ellen K. Bronaugh, Farris, Warfield & Kanaday, Nashville, Tenn., for 3rd party defendant Kornman.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT BEN MARKOWITZ

BAILEY BROWN, Chief Judge.

Plaintiff brought this diversity action seeking payment of $98,274.71 plus interest from defendants under the terms of a guaranty agreement. Plaintiff has moved for summary judgment as to defendant Ben Markowitz, and Ben Markowitz has filed a cross-motion for summary judgment.

In June 1964, Markowitz Brothers, Inc., a subcontractor involved...

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