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GILBERT v. FIRST NAT. BANK OF JACKSON, MISS.

Civ. A. No. J76-305(C).

463 F.Supp. 169 (1978)

A. Spencer GILBERT, III, Trustee in Bankruptcy for Char-Mac Enterprises, Inc., Trustee in Bankruptcy for Charles E. Duran, and Trustee in Bankruptcy for Rachel R. Duran, Plaintiff, v. FIRST NATIONAL BANK OF JACKSON, MISSISSIPPI, Defendant.

United States District Court, S. D. Mississippi, Jackson Division.

January 5, 1978.

Attorney(s) appearing for the Case

A. Spencer Gilbert, III, David H. Nutt, Jackson, Miss., for plaintiff.

W. F. Goodman, Jr., Thomas C. Gerity, Watkins & Eager, Jackson, Miss., for defendant.

WILLIAM HAROLD COX, District Judge.

This controversy involves the propriety and legality of the action of the First National Bank in applying certain fund as a set off against a secured debt of the bankrupts to the bank. Charles E. Duran was the owner of several different corporations, including Char-Mac Enterprises, Inc., and was engaged in a practice of kiting checks between Citizens National Bank (CNB) and First National...

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