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HUBBARD REALTY CO. v. FIRST NAT. BANK OF PIKEVILLE

No. 82-1422.

704 F.2d 733 (1983)

HUBBARD REALTY COMPANY, INC., a West Virginia Corporation, Appellant, v. The FIRST NATIONAL BANK OF PIKEVILLE, a National Banking Association, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1983.

Attorney(s) appearing for the Case

Edward M. Kowal, Jr., Huntington, W. Va. (James D. McQueen, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., on brief), for appellant.

Donald Combs, Pikeville, Ky. (H. Truman Chafin, Williamson, W. Va., on brief), for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

This is a diversity action commenced by Hubbard Realty Company, Inc. (Hubbard Realty), a closely-held West Virginia corporation, against The First National Bank of Pikeville (the Bank), a national banking association with offices in Pike County, Kentucky, to set aside a deed of trust held by the Bank. The district court granted Hubbard Realty's motion for summary judgment, a result not...

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