BIRMINGHAM TRUST NAT. BANK v. CASE

No. 83-7686.

755 F.2d 1474 (1985)

BIRMINGHAM TRUST NATIONAL BANK, a national banking association, Plaintiff-Appellee, v. John P. CASE, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 25, 1985.


Attorney(s) appearing for the Case

W. Borden Strickland, Mobile, Ala., for defendant-appellant.

James J. Robinson, J. Hunter Phillips, III, Birmingham, Ala., for plaintiff-appellee.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, District Judge.


R. LANIER ANDERSON, III, Circuit Judge:

John P. Case, Jr. (the "Debtor") appeals from a decision of the district court affirming the bankruptcy court's decision that the debt owed by the Debtor to Birmingham Trust National Bank ("BTNB") is nondischargeable under § 523(a)(2) of the Bankruptcy Code. We affirm.

I. FACTS

The Debtor is president of Case Construction Corp. ("Case Corp."). In late December of 1976, the Debtor sent a letter to BTNB...

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