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CLAYTON v. RALEIGH FEDERAL SAV. BANK

No. 1:95CV00695.

194 B.R. 793 (1996)

Haywood CLAYTON and Sylvia Clayton, Plaintiffs, v. RALEIGH FEDERAL SAVINGS BANK, Defendant.

United States District Court, M.D. North Carolina, Durham Division.

April 12, 1996.

Attorney(s) appearing for the Case

Quang Ngoc Nguyen, Hillsborough, NC, for Haywood Clayton and Sylvia Clayton.

William Carr Smith, Jr., Manning, Fulton & Skinner, Raleigh, NC, for Raleigh Federal Savings Bank.

MEMORANDUM ORDER

SHARP, United States Magistrate Judge.

Plaintiffs Haywood Clayton and Sylvia Clayton filed this civil action on September 29, 1995, alleging that Defendant Raleigh Federal Savings Bank ("Raleigh Federal") violated a federal criminal statute, 18 U.S.C. § 152(4), by filing false claims in bankruptcy proceedings relating to the Claytons. Plaintiffs alleged that Raleigh Federal wrongfully

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