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IN RE COOLEY

Bankruptcy No. 88-00154-H5-11, Adv. No. 88-0464.

88 B.R. 788 (1988)

In re Denton A. COOLEY, M.D., d/b/a Cardiovascular Associates, d/b/a Southwest Apartment Homes, d/b/a Point of Southwest, d/b/a Southwestern Plaza, d/b/a Texas American Bank Bldg., and d/b/a Cool Acres Ranch, Debtor. FIRST CITY NATIONAL BANK OF HOUSTON, Plaintiff, v. Denton A. COOLEY, M.D., d/b/a Cardiovascular Associates, d/b/a Southwest Apartment Homes, d/b/a Point of Southwest, d/b/a Southwestern Plaza, d/b/a Texas American Bank Bldg., and d/b/a Cool Acres Ranch, Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

August 3, 1988.

Attorney(s) appearing for the Case

Leonard H. Simon, Robert L. Pendergraft, and Mary Jane Bundschuh, Pendergraft, Elam & Simon, Houston, Tex., for debtor.

Robin Gibbs, Russell Starbird, Gibbs & Ratliff, Alan S. Gover, Robert Mrofka, Beth Nanninga, Weil, Gotshal & Manges, Houston, Tex., for First City Nat. Bank of Houston.

ORDER DISMISSING ADVERSARY CASE

MARGARET A. MAHONEY, Bankruptcy Judge.

This matter comes before me on Debtor's Motion to Dismiss the application of First City National Bank of Houston (First City) seeking a temporary restraining order, preliminary injunction, permanent injunction and declaratory judgment for failure to state a claim upon which relief can be granted. At a hearing held on June 13, 1988, I denied in part First City's Application with respect...

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