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IN RE BARBEE

Bankruptcy No. 80-01544, Adv. No. 81-0021-R.

14 B.R. 733 (1981)

In re Ernest William BARBEE, Jr., Debtor. Ernest William BARBEE, Jr., Plaintiff, v. FIRST VIRGINIA BANK—COLONIAL, Defendant.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

October 15, 1981.

Attorney(s) appearing for the Case

Leonard E. Starr, III, Farmer & Starr, Sandston, Va., for plaintiff.

G. Thomas Taylor, J. Stephen Buis, Taylor, Hazen, Kauffman, Lipscomb & Smith, Richmond, Va., for defendant.

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter comes on upon the filing of a Complaint by Ernest William Barbee, Jr., Plaintiff and Debtor herein, and upon the filing of a Motion by First Virginia Bank — Colonial, Defendant herein, to dismiss Plaintiff's Complaint, for the reason that the Complaint fails to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and Rule...

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