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REGIONS BANK v. J.R. OIL CO., LLC

No. 03-2283.

387 F.3d 721 (2004)

REGIONS BANK, Plaintiff—Appellant, v. J.R. OIL COMPANY, LLC; Security Western Leasing Company; Jones Travel Mart, also known as Jones Travel Mart, Inc.; Jones Mart, also known as Jones Mart, Inc.; Northend Jones Mart; Piggot Jones Mart, also known as Piggot Jones Mart; Tank Management, Inc.; JFM, Incorporated; S.W. Jones Family Limited Partnership; Walcott Enterprises, Inc.; Northchase Development, Inc.; Larry Jack Taylor, jointly and severally; Steven W. Jones, jointly and severally; Marcella Jones, doing business as Piggot Jones Mart, also known as Piggot Jones Mart, doing business as Northend Jones Mart, also known as Northend Jones Mart, jointly and severally; Kelly B. Jones, jointly and severally; Jennifer Jones, jointly and severally; Tim Jones, jointly and severally, Defendants—Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 14, 2004.

Attorney(s) appearing for the Case

Derrick M. Davidson, argued, Little Rock, AR (Marie B. Miller, on the brief), for appellant.

Richard C. Downing, argued, Little Rock, AR, for appellee.

Before RILEY and MELLOY, Circuit Judges, and ERICKSON, District Judge.

MELLOY, Circuit Judge.

Regions Bank appeals the district court's2 adverse grant of summary judgment on its RICO claims against the various defendants. The RICO claims relate to alleged fraud in the procurement of a loan and the subsequent transfer and use of the collateral for the loan before and during a bankruptcy, culminating in a bankruptcy sale. Because Regions Bank neither raised the issue of fraud during the bankruptcy nor timely...

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