United States Fourth Circuit

In an action brought by plaintiff-rug manufacturer to recover on a debt guaranteed by defendant, ruling and grant of summary judgment for plaintiff is affirmed where: 1) there was no abuse of discretion in denying defendant leave to amend his answer to add the defense of release; and 2) defendant admitted that he guaranteed the debt, the debt was in default, and that he was on notice of such default.

Appellate Information

• Decided 07/28/2008
• Published 07/28/2008

Judges

• Before TRAXLER and KING, Circuit Judges, and JACKSON L. KISER, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Judah Lifschitz, Shapiro, Lifschitz & Schram, Washington, D.C., for Appellant.  James M. Andriola, Reed & Smith, LLP, New York, New York, for Appellee.   ON BRIEF:  Thomas A. DiBiase, Alexis M. Lockshin, Shapiro, Lifschitz & Schram, Washington, D.C., for Appellant.