IN RE WILLIAMS

Bankruptcy No. 98-10691-JDW. Adversary No. 99-1018.

238 B.R. 909 (1999)

In re Calvin Frank WILLIAMS, Debtor. Agratrade Financing, Inc., Plaintiff, v. Citizens Bank of Americus, Defendant.

United States Bankruptcy Court, M.D. Georgia, Albany Division.

August 25, 1999.


Attorney(s) appearing for the Case

David A. Garland, Moore, Clarke, DuVall & Rodgers, P.C., Albany, Georgia, for AgraTrade Financing, Inc.

Ben F. Easterlin IV, Ellis, Easterlin, Peagler, Gatewood & Skipper, P.C., Americus, Georgia, for Citizens Bank of Americus.


MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Motion to Dismiss filed by Citizens Bank of Americus ("Citizens Bank") in response to an Adversary Complaint filed against it by AgraTrade Financing, Inc. ("AgraTrade"). Citizens Bank's motion seeks to have this Court dismiss AgraTrade's adversary under two alternative theories. First, Citizens Bank urges the Court to dismiss the case based on a finding...

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