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IN RE REPLOGLE

No. 90-1821.

929 F.2d 836 (1991)

In re James C. REPLOGLE, Debtor. FIRST AGRICULTURAL BANK, Plaintiff, Appellant, v. James C. REPLOGLE and Claudia Replogle, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 4, 1991.

Attorney(s) appearing for the Case

Michael E. MacDonald with whom Cain, Hibbard, Myers & Cook, Pittsfield, Mass., was on brief, for plaintiff, appellant.

Joseph H. Reinhardt with whom Hendel, Collins & Newton, P.C., Springfield, Mass., was on brief, for defendants, appellees.

Before TORRUELLA, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

On June 12, 1987 the co-owners of Hillsdale Packing Co., Inc., appellee James C. Replogle and one Gerald Morelli, turned over the company to appellant First Agricultural Bank of Pittsfield, Massachusetts, mortgagee. The mortgage was on all of Hillsdale's assets, and secured its indebtedness to the Bank of some $1,337,000, an indebtedness that Replogle had personally guaranteed. The assets...

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