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DILLARD-WINECOFF v. IBF INCOME FUND

No. A01A0369.

552 S.E.2d 523 (2001)

250 Ga. App. 602

DILLARD-WINECOFF, LLC. v. IBF PARTICIPATING INCOME FUND et al.

Court of Appeals of Georgia.

July 16, 2001.

Attorney(s) appearing for the Case

Hipes & Norton, Albert J. Norton, Jr., Alpharetta, John E. Bellus, Jr., Duluth, Kilpatrick Stockton, Jeffrey J. Toney, Atlanta, for appellant.

Weinstock & Scavo, Richard J. Capriola, Mark I. Sanders, Susan B. Jacobs, Atlanta, for appellees.

BARNES, Judge.

Dillard-Winecoff, LLC sued IBF Participating Income Fund and a number of related entities (collectively "Interbank") for fraud, wrongful foreclosure, breach of fiduciary duty, and breach of contract in connection with a real estate acquisition loan. The trial court granted summary judgment to Interbank. Dillard-Winecoff appeals, and we reverse because the claims against Interbank are not precluded by judicial estoppel, res judicata, or collateral estoppel...

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