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IN RE MARLAR

Bankruptcy No. 86-01233-BKC-EAS, Adv. No. 88-0147.

120 B.R. 51 (1989)

In re James Leroy MARLAR and Ouida Joyce Marlar. Jacob C. PONGETTI, Trustee for the Estate of James Leroy Marlar and Ouida Joyce Marlar, Plaintiff, v. The SECURITY BANK, n/k/a Deposit Guaranty National Bank, Defendant.

United States Bankruptcy Court, N.D. Mississippi.

December 14, 1989.

Attorney(s) appearing for the Case

Stephen P. Livingston, New Albany, Miss., for James Leroy Marlar and Ouida Joyce Marlar.

Jacob C. Pongetti, Columbus, Miss., trustee.

Louis J. Wade, Culp and Wade, Kansas City, Mo., for Jacob C. Pongetti.

Betty Morgan Benton, Jackson, Miss., and Jeffery M. Navarro, Navarro, Mills and Davis, Aberdeen, Miss., for The Security Bank, n/k/a Deposit Guar. Nat. Bank.

OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration of the motion for summary judgment filed by the defendant, The Security Bank, now known as Deposit Guaranty National Bank, hereinafter referred to as defendant or bank; cross motion for summary judgment having been filed by the plaintiff, Jacob C. Pongetti, trustee, hereinafter referred to as plaintiff or trustee; and the Court having reviewed both motions and supporting exhibits and affidavits...

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