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IN RE HILL

Bankruptcy No. 88-0405-BKC-WSE, Adv. No. 89-1036.

120 B.R. 56 (1990)

In re Kerry Whitten HILL. Kerry W. HILL, Plaintiff, v. BANK OF FALKNER and James McMillin, Defendants.

United States Bankruptcy Court, N.D. Mississippi.

March 16, 1990.

Attorney(s) appearing for the Case

Ed Jenkins, Comer and Jenkins, Booneville, Miss., Ják M. Smith, Tupelo, Miss., and Talmadge D. Littlejohn, New Albany, Miss., for Kerry Whitten Hill.

Wendell H. Trapp, Jr., Smith, Ross and Trapp, Corinth, Miss., for Bank of Falkner and James McMillin.

OPINION

DAVID W. HOUSTON, III, Bankruptcy Judge.

On consideration of the motion to dismiss or, in the alternative for summary judgment, filed by the defendants, Bank of Falkner, and James McMillin, President of the Bank of Falkner; response to said motion having been filed by the plaintiff, Kerry Whitten Hill; and the Court having reviewed said motion, response, supporting exhibits and affidavits, hereby finds and adjudicates as follows, to-wit:

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