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IN RE O'BRIEN

Civil Action Nos. 5:08-cv-01269, 5:08-mc-00058.

414 B.R. 92 (2009)

In re Kevin Scott O'BRIEN, Debtor. Robert Dwyer, Plaintiff/Appellant, v. First National Bank, et al., Defendants/Appellees.

United States District Court, S.D. West Virginia, Beckley Division.

May 19, 2009.

Attorney(s) appearing for the Case

James W. Lane, Jr., Law Offices of James W. Lane, Jr., Charleston, WV, for Plaintiff/Appellant.

Thomas H. Ewing, William W. Booker, Kay Casto & Chaney, Michael W. Carey, Carey Scott & Douglas, Gerard R. Stowers, Bowles Rice McDavid Graff & Love, Charleston, WV, for Defendants/Appellees.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Before the Court are Defendant/Appellee First National Bank's Motion for Withdrawal of Reference to the Bankruptcy Court [Docket 1 in 5:08-mc-58] and Plaintiff/Appellant Robert Dwyer's Motions to Consolidate Civil Actions [Docket 6 in 5:08-mc-58; Docket 7 in 5:08-cv-1269].

I. FACTUAL AND PROCEDURAL BACKGROUND

This action follows from the check-kiting and fraud scheme...

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