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IN RE HOOD

Bankruptcy No. 11-92-14398 MA, Adversary No. 92-1348 M.

156 B.R. 296 (1993)

In re Hugh E. HOOD, SS # 263-48-8565 and Joyce Mae Hood, SS # 585-19-2200, Debtors. Hugh HOOD, Plaintiff, v. RESOLUTION TRUST CORPORATION, ENMR Telephone Cooperative, Clifford Cone and City of Hobbs, N.M., Defendants.

United States Bankruptcy Court, D. New Mexico.

June 23, 1993.

Attorney(s) appearing for the Case

Robert M. Janes, Albuquerque, NM, for plaintiff.

James A. Askew and Deborah R. Jenkin, Albuquerque, NM, Harold Pigg, Lubbock, TX, for Resolution Trust Corp.

John E. Farrow, Albuquerque, NM, ENMR, Cone & Hobbs.

MEMORANDUM OPINION

MARK B. McFEELEY, Chief Judge.

This matter came before the Court on the motion of the Resolution Trust Corporation ("RTC") for summary judgment as to count VI of the Plaintiff's complaint. Having considered the briefs, the arguments of counsel, the applicable law, and being otherwise fully informed and advised, the Court finds the motion is not well taken.

FACTS

On April 23, 1985, the Plaintiff entered into an agreement...

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