Bank of Heflin, Heflin, Alabama v. Landmark Inns of America, Inc., Etc., Charles W. Luedtke

VANCE, Circuit Judge:

Defendant, Charles W. Luedtke, appeals a summary judgment in which the plaintiff bank was awarded $25,000.00 plus interest and attorneys fees.

In March 1974 appellant and his code-fendant, William G. Kinsey, each owned fifty percent of the common stock of code-fendant, Landmark Inns of America, Inc. On behalf of the corporate defendant, Kinsey obtained a $75,000.00 line of credit from the Exchange Bank of Montgomery, Alabama. He gave the corporation’s notes to the bank in the amount of $50,000.00 on March 14, 1974, and $25,000.00 on April 23, 1974. By April 4, 1974, the…