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IN RE BENNETT

Civ. No. 84-950 BB, Adv. No. 83-0515 M.

51 B.R. 619 (1984)

In re Gary Logan BENNETT, SS # 525-01-4409, d/b/a Southwest Sales, a sole proprietorship, and Andrea Louise Bennett, SS # 526-60-0076, (No. 11-81-01039 MA). Oscar A. WYATT, Jr., Plaintiff, v. Gary L. BENNETT, Defendant, Counterclaimant and Third Party Plaintiff, v. GROOS NATIONAL BANK, M.W. (Bud) Haun, Lindsay Langham, Ruth Manges, Morris Ashby, Lynn Smith, Duard Howard, R.L. Brusenhan, Stuart Van Eman, Frank Baskin, Frank L. Anderson, Albert Cole, and Clinton Manges, Third Party Defendants.

United States Bankruptcy Court, D. New Mexico.

October 23, 1984.

Attorney(s) appearing for the Case

Stephen Parten, San Antonio, Tex., for plaintiff.

James S. Starzynski, Albuquerque, N.M., for plaintiff and for third party defendant Groos Nat. Bank.

Charles G. Berry, Charles Wyman, Louis Puccini, Jr., Albuquerque, N.M., John F. Ryan, Austin, Tex., for defendant Bennett.

Jack Hebdon, San Antonio, Tex., for third party defendants except Clinton Manges.

Marynell Maloney, San Antonio, Tex., Douglas T. Francis, Albuquerque, N.M., for third party defendant Clinton Manges.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

CONFLICT OF LAWS

This case came before the Bankruptcy Court when it was removed from the Western District of Texas, San Antonio Division. In conjunction with this removal, the question has arisen as to which state's law should be applicable in deciding this case. The defendant, third-party plaintiff, Gary L. Bennett argues that his allegations of fraud, deceit, and conspiracy to...

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