LIBERTY NAT. BANK & TRUST v. FOSTER

Nos. 85-CA-2603-MR, 85-CA-2640-MR, 85-CA-2641-MR, 85-CA-2746-MR and 86-CA-106-MR.

737 S.W.2d 704 (1987)

LIBERTY NATIONAL BANK & TRUST COMPANY OF LOUISVILLE; and First State Bank of Pineville, Appellants, v. Emmett J. FOSTER; James F. Mitchell; Raymond J. Bisceglia; R.D. Barton; Ben H. Cox; J. Roy Shoffner; Ray McGregor and J. David Lewis, Appellees. James F. MITCHELL, Cross-Appellant, v. LIBERTY NATIONAL BANK & TRUST COMPANY OF LOUISVILLE and First State Bank of Pineville, Cross-Appellees. Raymond J. BISCEGLIA; R.D. Barton; Ben H. Cox; J. Roy Shoffner; and Ray McGregor, Cross-Appellants, v. LIBERTY NATIONAL BANK & TRUST COMPANY OF LOUISVILLE; and First State Bank of Pineville, Cross-Appellees. J. David LEWIS, Cross-Appellant, v. LIBERTY NATIONAL BANK & TRUST COMPANY OF LOUISVILLE; and First State Bank of Pineville, Cross-Appellees. Emmett J. FOSTER, Cross-Appellant, v. LIBERTY NATIONAL BANK & TRUST COMPANY OF LOUISVILLE; and First State Bank of Pineville, Cross-Appellees.

Court of Appeals of Kentucky.

As Modified August 14, 1987.

Discretionary Review Denied by Supreme Court October 27, 1987.


Attorney(s) appearing for the Case

Winston E. Miller, Charles M. Pritchett, Jr., Hal Nance Bogard, Michael R. Mercer, Brown, Todd & Heyburn, Louisville, Eugene Goss, Harlan, for appellants.

Garrett T. Fowles, Cawood & Fowles, Pineville, Glenn W. Denham, Middlesboro, Lowell W. Lundy, Barbourville, William A. Watson, Middlesboro, Ted M. Hayden, J. Stanley McNeese, Memphis, Tenn., appellees.

Before HAYES, McDONALD and WEST, JJ.


McDONALD, Judge:

This is an appeal from the judgment of the Bell Circuit Court which summarily dismissed the complaint filed by the appellants and the counterclaims of the appellees. Although the judgment concludes that the complaint failed to state a cause of action, it was entered pursuant to motions for summary judgment by various appellees.1

This action was commenced on October 30, 1984, by the appellants First State Bank of...

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