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IN RE GAYLE

Bankruptcy No. 94-48313-H4-11. Adv. No. 95-4321.

189 B.R. 914 (1995)

In Re George S. GAYLE, Jr. and Jane Colley Gayle, Debtors. FARM CREDIT BANK OF TEXAS v. George S. GAYLE, Jr. and Jane Colley Gayle.

United States Bankruptcy Court, S.D. Texas, Houston Division.

December 28, 1995.

Attorney(s) appearing for the Case

Marc Magids, Houston, TX, for debtor.

Michael S. Beckwith, Michael S. Beckwith, P.C., Houston, TX, for Curtis J. Domingue, Jr., Trustee.

Jeffrey E. Bohm, McGinnis, Lochridge & Kilgore, L.L.P., Austin, TX, for The Farm Credit Bank of Texas.

MEMORANDUM OPINION

WILLIAM R. GREENDYKE, Bankruptcy Judge.

On May 12, 1995 Farm Credit Bank of Texas (the "Bank") instituted this adversary proceeding to obtain a declaratory judgment that its foreclosure on 327.999 acres in Fort Bend County, Texas was valid. After the Gayles ("Debtors") counterclaimed, the Bank filed a motion for summary judgment on August 17, 1995 in favor of its request for declaratory judgment and against Debtors' counterclaims. The...

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