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IN RE FRENCH

No. 06-1405.

499 F.3d 345 (2007)

In re Elwood Dean FRENCH, Debtor. Mercantile Peninsula Bank, a Delaware Corporation, Plaintiff-Appellee, v. Elwood Dean French, Defendant-Appellant, and George W. Liebmann, Trustee.

United States Court of Appeals, Fourth Circuit.

Decided: August 27, 2007.

Attorney(s) appearing for the Case

Stanton J. Levinson, Silver Spring, Maryland, for Appellant. John B. Robins, IV, Salisbury, Maryland, for Appellee.

Before KING and GREGORY, Circuit Judges, and FRANK D. WHITNEY, United States District Judge for the Western District of North Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge GREGORY joined. Judge WHITNEY wrote an opinion concurring in part and concurring in the judgment.

OPINION

KING, Circuit Judge:

Debtor Elwood Dean French appeals from the final judgment of the district court in this matter, affirming the bankruptcy court. See French v. Peninsula Bank, 338 B.R. 668 (D.Md.2006). By...

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