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BANK OF NEW YORK v. UNIVERSITY PARTNERS, LTD.

Civ. No. 87-5113.

719 F.Supp. 1479 (1989)

BANK OF NEW YORK, Plaintiff, v. UNIVERSITY PARTNERS, LTD., et al., Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

August 3, 1989.

Attorney(s) appearing for the Case

Larry W. Burks, William H. Sutton, Meredith P. Catlett, Friday, Eldredge & Clark, Little Rock, Ark., for plaintiff.

George E. Butler, Jr., Boyd D. Cox, Fayetteville, Ark., Douglas P. Ray, Moore & Peterson, Dallas, Tex., William Jackson Butt, II, Davis, Cox & Wright, Fayetteville, Ark., Thomas A. Connop, Locke, Purnell, Rain, Harrell, Joseph J. Leising, Receiver, MHM, Inc., Dallas, Tex., for defendants.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

I. Introduction

Pending before the court are various motions and cross-motions for summary judgment filed by the respective parties. Ultimately at issue is the right of the plaintiff, the Bank of New York (hereafter BONY) to judgment on a note, trust indenture, and loan agreement executed by defendants, University Partners, Ltd. (formerly University Hilton Partners, Ltd.) (hereafter University...

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