IN RE DWYER

BAP No. 99-6050EM.

244 B.R. 426 (2000)

In re James J. DWYER, Jr. and Noel D. Dwyer, Debtors. James J. Dwyer, Jr. and Noel D. Dwyer, Plaintiffs-Appellees, v. Kimble A. Cohn and Sherrye L. Cohn, Defendants-Appellees, Heartland Bank, N.A., Defendant-Appellant, John V. Labarge, Jr., Defendant.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided February 14, 2000.


Attorney(s) appearing for the Case

Norman W. Pressman, St. Louis, MO, for appellant.

David D. Farrell, David A. Lander, St. Louis, MO, for appellee.

Before KRESSEL, SCOTT, and DREHER, Bankruptcy Judges.


DREHER, Bankruptcy Judge.

The matter presently before the court arises upon the appeal of Heartland Bank, N.A., from the order of the bankruptcy court granting summary judgment in favor of Kimble A. and Sherrye L. Cohn. We previously ordered the parties to brief the issue of this court's jurisdiction in light of the fact that the order appealed from did not dispose of all of the counts contained in the adversary complaint nor a pending cross-claim and, thus, did not...

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