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BUFFINGTON v. METCALF

No. IP 93-839-C.

883 F.Supp. 1198 (1994)

Clayton BUFFINGTON, Jr., as Executor of the Estate of Mary Ellen Buffington, and Clayton Buffington, Jr., Plaintiff, v. Donnie METCALF, Robert J. Kuntz, d/b/a Village Bar and Restaurant, and Robert Metcalf, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

July 28, 1994.

Attorney(s) appearing for the Case

Thomas R. Koustmer, Theodore J. Froncek, Cincinnati, OH.

M. Joseph Kisor, Lawrenceburg, IN.

Keith A. Kinney, Hill Fulwider McDowell Funk & Matthews, P.C., Indianapolis, IN.

Kevin W. Ault, Rushville, IN.

Mark J. Roberts, Kevin C. Schiferl, Locke Reynolds Boyd & Weisell, Indianapolis, IN.

ENTRY

BARKER, Chief Judge.

This matter is before the Court on plaintiff's motion for partial summary judgment as to defendant Robert Metcalf (plaintiff's fourteenth cause of action) and the fraudulent conveyance claim against defendant Donnie Metcalf (plaintiff's fifth cause of action). For the reasons stated below, plaintiff's motion is denied.

I. Background

This diversity action brought by Clayton Buffington, Jr. ("Buffington") in his...

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