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LYNG v. JDC ENTERPRISES

Civ. A. No. H-87-1359.

117 B.R. 268 (1990)

Richard E. LYNG, Secretary of Agriculture of the United States, Plaintiff, v. JDC ENTERPRISES d/b/a Rogers Wholesale Produce and Willis Bank, Defendants.

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

May 29, 1990.

Attorney(s) appearing for the Case

Joe Mirsky, Houston, Tex., for plaintiff.

Robert Powell, Conroe, Tex., Andrew Allen, Spring, Tex., Kevin Kneisley, Conroe, Tex., for defendants.

MEMORANDUM AND ORDER

SINGLETON, District Judge.

Background

The matter now before the Court is a Motion to Dismiss filed by defendant Citadel Bank — Willis Branch ("Willis Bank"). The Court chose to consider that motion as one for summary judgment, and Willis Bank was allowed to submit proof detailing why, under what circumstances, and in what manner Willis Bank received the allegedly wrongful payments. Willis Bank has done so by submitting...

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