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VULCAN COALS, INC. v. HOWARD

No. 90-5643.

946 F.2d 1226 (1991)

VULCAN COALS, INC.; Ernest Fetner; Janice Fetner, Plaintiffs-Appellants, v. Laurence B. HOWARD, Jr., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 18, 1991.

Attorney(s) appearing for the Case

Jeff S. Taylor, Owensboro, Ky. (argued and briefed), for plaintiffs-appellants.

E. Phillips Malone, Moore, Moore, Malone & Burlew, Owensboro, Ky. (argued and briefed), for defendant-appellee.

Before: KEITH, Circuit Judge, WELLFORD, Senior Circuit Judge, and GADOLA, District Judge.

WELLFORD, Senior Circuit Judge.

Plaintiffs, Vulcan Coals, Inc. (Vulcan), Ernest Fetner, and Janice Fetner, filed an adversary complaint in bankruptcy court, seeking a judgment of non-dischargeability for a loan guaranty made by defendant, Laurence B. Howard, Jr., in the total amount of $250,000. The bankruptcy court granted defendant's motion for summary judgment with respect to the first $150,000 of the total loan in dispute, finding that plaintiffs had failed to...

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