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TWIN DEVELOPMENT CORP. v. SMITH

Civ. A. No. 87-0037-C.

120 B.R. 45 (1988)

TWIN DEVELOPMENT CORP., Plaintiff, v. Fred Stanton SMITH, Bank of New York, and Irving Wolff, Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

November 15, 1988.

Attorney(s) appearing for the Case

Robert M. Musselman, Charlottesville, Va., for plaintiff.

Irving M. Wolff, Holland & Knight, Miami, Fla., in pro per.

James Hingeley, Boyle & Bain, Charlottesville, Va.

Vance E. Salter, Coll, Davidson, Carter, Smith, Salter & Barkett, P.A., S. Harvey Ziegler, Kirkpatrick & Lockhart, Miami, Fla., Thomas F. Noone, Emmet Marvin & Martin, New York City, for The Bank of New York.

Herbert Stettin, Herbert Stettin, P.A., Miami, Fla., for Fred Stanton Smith.

MEMORANDUM OPINION

MICHAEL, District Judge.

The matter comes before the court today upon plaintiff's motion for partial summary judgment and the Bank of New York's motion for summary judgment, which has been joined by defendant Smith. For the reasons elaborated below, the defendants' motion is granted and the action dismissed.

I. Background

While the briefs, memoranda, and various filings here...

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