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IN RE HOWELL ENTERPRISES, INC.

Bankruptcy No. HE 88-58M, Adv. No. 88-170M.

105 B.R. 494 (1989)

In re HOWELL ENTERPRISES, INC., Debtor. TRADAX AMERICA, INC., Plaintiff, v. FIRST NATIONAL BANK IN STUTTGART, ARKANSAS, and Howell Enterprises, Inc., Defendants.

United States Bankruptcy Court, E.D. Arkansas, Helena Division.

September 8, 1989.

Attorney(s) appearing for the Case

David Fuqua, N. Little Rock, Ark., for debtor.

Donald H. Henry, Michael Reif, Little Rock, Ark., for Tradax America, Inc.

Steven T. Shults and H. Baker Kurrus, Little Rock, Ark., for First Nat. Bank in Stuttgart.

MEMORANDUM OPINION

JAMES G. MIXON, Bankruptcy Judge.

On April 4, 1988, Howell Enterprises, Inc., filed a voluntary petition for relief under the provisions of chapter 11 of the United States Bankruptcy Code. On May 9, 1988, Tradax America, Inc., (Tradax) filed a complaint for declaratory judgment, an injunction, to recover money and to obtain equitable relief. A trial was conducted on November 7, 1988, and the case was taken under advisement.

The...

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