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IN RE HORNER

Bankruptcy No. 00-30112. Adversary No. 00-3054.

248 B.R. 516 (2000)

In re Paul R. HORNER and Eunice L. Horner, Debtors. Thomas H. Fluharty, Trustee, Plaintiffs, v. Citizens National Bank, Defendants.

United States Bankruptcy Court, N.D. West Virginia, Wheeling Division.

May 18, 2000.

Attorney(s) appearing for the Case

Thomas Fluharty, Clarksburg, WV, for plaintiffs.

Eric S. Black, Berkeley Springs, WV, for defendants.

William A. O'Brien, Martinsburg, WV, for debtors.

MEMORANDUM OPINION AND ORDER

L. EDWARD FRIEND, II, Bankruptcy Judge.

This matter is before the Court pursuant to the Defendant's Motion For Summary Judgment. The Court has jurisdiction by virtue of 28 U.S.C. § 1334 and the standing order of reference in this District. The matter before the Court is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F) and (K).

I. FACTS

On November 23, 1999, the Debtor, Paul R. Homer...

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