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FORD MOTOR CREDIT CO. v. LOTOTSKY

Civ. A. No. 81-3704.

549 F.Supp. 996 (1982)

FORD MOTOR CREDIT COMPANY v. Walter and Fredericka LOTOTSKY v. FORD MOTOR COMPANY.

United States District Court, E.D. Pennsylvania.

On Motion for Reconsideration October 19, 1982.

Attorney(s) appearing for the Case

John H. McKeon, Jr., Dechert Price & Rhodes, Philadelphia, Pa., for plaintiff.

Edwin P. Smith, Dubyn & Smith, Philadelphia, Pa., for defendants Lototskys.

Jeffery G. Weil, Dechert Price & Rhodes, Philadelphia, Pa., for third-party defendant Ford Motor Co.

MEMORANDUM AND ORDER

DITTER, District Judge.

This motion for summary judgment presents essentially two questions: first, whether a guarantor can assert the defense of commercial reasonableness in the disposition of the collateral by the original creditor in an action to recover under a contract of guaranty; second, assuming such a defense is viable, whether the commercial reasonableness defense can be waived...

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