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IN RE ELKINS WELDING & CONST., INC.

BAP No. NM-00-062. Bankruptcy No. 98-15031. Adversary No. 99-1111.

258 B.R. 216 (2001)

In re ELKINS WELDING & CONSTRUCTION, INC., Debtor. Tom Parker, Plaintiff-Counter-Defendant-Appellant, v. Elkins Welding & Construction, Inc., Defendant-Appellee, Lea County State Bank, Defendant-Counter-Claimant-Third-Party Plaintiff-Appellee, v. Oralia B. Franco, Trustee, Third-Party Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 2, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:*

James C. Hume of Law Office of George "Dave" Giddens, P.C., Albuquerque, New Mexico, for Plaintiff-Counter-Defendant-Appellant Tom Parker.

James A. Askew of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, for Defendant-Counter-Claimant-Third Party Plaintiff-Appellee Lea County State Bank.

Before CLARK, BOHANON, and ROBINSON, Bankruptcy Judges.

OPINION

CLARK, Bankruptcy Judge.

Tom Parker ("Parker") appeals from a Memorandum Opinion, Order and Judgment of the United States Bankruptcy Court for the District of New Mexico denying his motion for summary judgment and granting the motion for summary judgment of Lea County State Bank ("Lea"). For the reasons set forth below, we AFFIRM the bankruptcy court.

I. Background

On August 3, 1998, the debtor entered into an...

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