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ARCHER v. MACOMB COUNTY BANK

No. 87-1336.

853 F.2d 497 (1988)

David ARCHER, Plaintiff-Appellee, v. MACOMB COUNTY BANK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1988.

Attorney(s) appearing for the Case

John P. Frazer, III (argued), D'Agostini, McKinnon, Sable and Ruggeri, Mt. Clemens, Mich., for defendant-appellant.

J. Thomas McGovern, Mary Roy Kelly (argued), for plaintiff-appellee.

Before MARTIN, MILBURN, and GUY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Macomb County Bank appeals the district court's order affirming the bankruptcy court's decision which found the bank in contempt of an automatic stay entered pursuant to 11 U.S.C. § 362(a) and which assessed damages against the bank for its willful violation of that stay. We reverse and remand.

On July 12, 1985, David Leland Archer and Mildred Kaye Archer filed a joint petition for protection from creditors under Chapter...

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