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IN RE LEAVELL

Bankruptcy No. 85-40274, Adv. No. 90-0085.

141 B.R. 393 (1992)

In re Daniel Russell LEAVELL, Debtor. WHITE COUNTY BANK, Plaintiff, v. Daniel R. LEAVELL, Eva Lovene Leavell, et al., Defendants. v. Margaret KARNES, Independent Administrator of the Estate of Gibson Karnes, deceased, Terry Sharp, and Bruegge & Becker, Third Party Defendants.

United States Bankruptcy Court, S.D. Illinois.

May 18, 1992.

Attorney(s) appearing for the Case

Darrell Dunham, Murphysboro, Ill., for debtor.

Thomas Schanzle-Haskins, Springfield, Ill., Mark Stanley, Carmi, Ill., for White County Bank.

William A. Alexander, Benton, Ill., for Margaret Karnes.

Mark Bauman, Belleville, Ill., for Terry Sharp.

Randall Scherck, St. Louis, Mo., for Fidelity & Dep. Co.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

Before the Court is a consolidated case in which Daniel and Eva Leavell seek damages for an alleged breach of fiduciary duty by Gibson Karnes, who served as trustee in the Chapter 7 bankruptcy case of Daniel Leavell. The Leavells originally filed three separate actions against Karnes — an adversary proceeding in this Court, a state court lawsuit containing similar allegations, and a third party complaint...

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