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FARMERS & MERCHANTS BANK v. HAMILTON HOTEL PARTNERS

Civ. No. 88-5136.

702 F.Supp. 1417 (1988)

FARMERS & MERCHANTS BANK, Trustee for Thomas C. Johnston, IRA v. HAMILTON HOTEL PARTNERS OF JACKSONVILLE LIMITED PARTNERSHIP, a Massachusetts Limited Partnership; Hamilton Hotel Realty Corp., Hamilton Hotels, Inc. John A. Hammerle, III, Herman S. Eisenberg, J. Douglas Harding, Michael E. Recca, Morgan, Olmstead, Kennedy & Gardner, Inc.

United States District Court, W.D. Arkansas, Fayetteville Division.

December 16, 1988.

Attorney(s) appearing for the Case

K.R. Lashlee, Scott, Lashlee & Watkins, P.A., Rogers, Ark., Mark W. Nichols, Yancey, Nichols & Wolff, P.A., Little Rock, Ark., for plaintiff.

Peter G. Kimpe, Wright, Lindsey & Jennings, Vincent Foster, Jr., Jess Askew, III, Vincent Foster, Jr., Rose Law Firm, Little Rock, Ark., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

There are presently pending before this court a number of motions and responses thereto. The court has reviewed the pleadings and the pending motions and is now prepared to rule. Each motion will be addressed separately.

I. Motion for Remand

On August 4, 1988, plaintiff filed this cause of action in the chancery court of Benton County, Arkansas. The complaint in five counts alleged...

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