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IN RE EDMONDS

No. 89-3338.

924 F.2d 176 (1991)

In re Benny Leigh EDMONDS and Shirley Jeannine Edmonds, Debtors. LAWRENCE NATIONAL BANK, Plaintiff-Appellant, v. Benny Leigh EDMONDS and Shirley Jeannine Edmonds, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 22, 1991.

Attorney(s) appearing for the Case

Donald E. Bucher (James F. Freeman, III, with him on the brief), of Gould & Moore, Kansas City, Mo., for plaintiff-appellant.

Eugene F. DeShazo of Linde, Thomson, Kansas City, Mo. (Gary H. Hanson and Tom R. Barnes, II of Stumbo, Hanson & Hendricks, Topeka, Kan., on the brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, and BALDOCK, Circuit Judge and GREENE, District Judge.

BALDOCK, Circuit Judge.

Plaintiff-appellant Lawrence National Bank (creditor) appeals from the district court's affirmance of a bankruptcy court judgment dismissing its action against defendants-appellees Benny and Shirley Edmonds (debtors) for failure to state a claim and awarding debtors attorney's fees. 110 B.R. 38. We hold that the creditor's complaint stated a claim for relief and that the award of attorney's fees was improper...

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