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IN RE RIGGSBY

Bankruptcy No. 1-81-00994, Adv. No. 1-81-0414.

13 B.R. 335 (1981)

In re Edward Charles Wayne RIGGSBY, Donna Lee Riggsby, Debtors. Edward Charles Wayne RIGGSBY, Donna Lee Riggsby, Plaintiffs, v. FORT OGLETHORPE STATE BANK, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

August 19, 1981.

Attorney(s) appearing for the Case

Bates S. Bryan, Jr., Chattanooga, Tenn., for plaintiffs.

Mark J. Mayfield, Chattanooga, Tenn., for defendant.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

On May 22, 1981, the debtors filed their petition in bankruptcy. About a month before then, the defendant bank notified Mrs. Riggsby that it had set-off her last deposit of a payroll check against two loan debts on which the payments were delinquent. The debtors brought this action to recover the set-off.

The bank filed a motion to dismiss because of improper venue. The bank relies on 28 U.S.C. §...

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