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IN RE MONTGOMERY

No. 92-5392.

983 F.2d 1389 (1993)

In re N. Eddie MONTGOMERY and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLEMORE, Trustee, Plaintiff-Appellee, v. THIRD NATIONAL BANK IN NASHVILLE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1993.

Attorney(s) appearing for the Case

Edwin M. Walker, Robert M. Garfinkle (argued and briefed), McMackin, Garfinkle, McLemore & Walker, Nashville, TN, for plaintiff-appellee.

Bradley A. MacLean, Farris, Warfield & Kanaday, Nashville, TN (argued and briefed), for defendant-appellant.

Before: NELSON and BOGGS, Circuit Judges; and ROSENN, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

The debtors in this complex bankruptcy case operated a massive check kiting scheme through which they obtained what amounted to unauthorized loans from a number of different banks. On March 21, 1988 — a date within the 90-day preference period before the filing of bankruptcy petitions against the debtors — the level of unauthorized loans at one of the banks, defendant Third National Bank in Nashville, reached a high point...

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