First National Bank of Hominy, Oklahoma, a Banking Corporation v. The Citizens and Southern Bank of Cobb County, Marietta, Georgia

SETH, Chief Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). This cause is therefore ordered submitted without oral argument.

This is a diversity case and the defendant appeals from judgments awarding plaintiff $50,000 plus interest and attorney fees on a guaranty executed by the defendant-appellant. Defendant-appellant, the Citizens and Southern Bank of Cobb County (hereinafter C & S), is a Georgia…