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IN RE EDWARDS

Bankruptcy No. 3-88-00621, Adv. No. 3-89-0036.

100 B.R. 973 (1989)

In re Charles Pender EDWARDS, III, C.P. "Bud" Edwards, "Bud" Edwards, Debtor. Charlyne E. HADEN, Plaintiff, v. C.P. EDWARDS, III and Fifth Third Bank, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

June 15, 1989.

Attorney(s) appearing for the Case

Miller & Martin, Raymond R. Murphy, Jr., Lawrence R. Ahern, III, Richard J. McAfee, Shelley D. Rucker, Chattanooga, Tenn., Hodges, Doughty & Carson, Dean B. Farmer, Knoxville, Tenn., for plaintiff.

Lon V. Boyd, Kingsport, Tenn., for debtor.

Paine, Swiney and Tarwater, D. Michael Swiney, Knoxville, Tenn., for defendant, Fifth Third Bank.

John M. Neal, Knoxville, Tenn., Trustee.

MEMORANDUM ON DEFENDANT FIFTH THIRD BANK'S MOTION TO DISMISS

RICHARD STAIR, Jr., Bankruptcy Judge.

This matter is before the court on a "Motion To Dismiss" filed April 14, 1989, by the defendant Fifth Third Bank (Bank). The Bank seeks a dismissal of Plaintiff's claims against it pursuant to Fed.R.Civ.P. 12(b)(1) and (2), incorporated into Fed.R. Bankr.P. 7012(b), averring that the bankruptcy court lacks subject matter and personal jurisdiction.

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