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KING v. FIDELITY NAT. BANK OF BATON ROUGE

No. 82-3379.

712 F.2d 188 (1983)

G. Harold KING, Jr., and Shirley G. King, Plaintiffs-Appellants, v. FIDELITY NATIONAL BANK OF BATON ROUGE, Capital Investment Inc. and Louisiana Equity Capital Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Franz J. Baddock, Baton Rouge, La., for plaintiffs-appellants.

Kantrow, Spaht, Weaver & Walter, David S. Rubin, Lee C. Kantrow, Baton Rouge, La., for defendants-appellees.

Fredrick R. Tulley, Louis M. Phillips, Baton Rouge, La., for La. Equity Capital Co. and Capital Investment.

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

PER CURIAM:

This case involves appeals from the district court's affirmance of various rulings of the bankruptcy court. For the reasons set forth below, we affirm in part and vacate and remand in part.

I. FACTUAL AND PROCEDURAL BACKGROUND.

On July 24, 1981, appellee Fidelity National Bank filed a joint involuntary chapter 7 bankruptcy petition against the appellants, G. Harold and Shirley G. King. See 11 U.S.C. § 303(b)(2) (Supp. V 1981...

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