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IN RE ELLISON

No. 01-2277.

296 F.3d 266 (2002)

In re Stanley Marshall ELLISON; Kay Dearing Ellison, Debtors. Airlines Reporting Corporation, Plaintiff-Appellee, v. Stanley Marshall Ellison; Kay Dearing Ellison, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 2002.

Attorney(s) appearing for the Case

ARGUED: James R. Sheatsley, Gorman, Sheatsley & Company, L.C., Beckley, West Virginia, for Appellants. R. Terrance Rodgers, Allen, Guthrie & McHugh, Charleston, West Virginia, for Appellee. ON BRIEF: Nicholas P. Mooney, II, Allen, Guthrie & McHugh, Charleston, West Virginia; C. Erik Gustafson, Leclair Ryan, P.C., Alexandria, Virginia, for Appellee.

Before WILKINSON, Chief Judge, and NIEMEYER and LUTTIG, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge WILKINSON joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge.

Airlines Reporting Corporation ("ARC") commenced this adversary proceeding in the Chapter 7 bankruptcy of Stanley Marshall Ellison and Kay Dearing Ellison to establish the Ellisons' liability on their personal guarantees of their travel...

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