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BANK OF AMERICA v. MUSSELMAN

No. CIV.A.02-253-A.

222 F.Supp.2d 792 (2002)

BANK OF AMERICA, the Recovery Group, as Receiver for Educational Credit Services, Inc., Educational Credit Services, LLC and Related Entities, Plaintiffs, v. Gary MUSSELMAN, Catherine Musselman, Robert Hacker, Richard Baum, James Miller, Sr., Bowling, Franklin & Co., LLP, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

October 7, 2002.

Attorney(s) appearing for the Case

S. Ricardo Narvaiz, Fairfax, for Plaintiffs.

Michael Joseph McManus, Brian Arthur Coleman, Drinker, Biddle & Reath L.L.P., Dennis John Quinn, Carr Maloney P.C., Washington, D.C., for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

In this diversity action, the bank creditor of an insolvent company and the company's receiver seek to recover the defaulted bank loan amount from the company's officers and directors. Presented in a threshold dismissal motion by one of the defendants is the novel question of Virginia law whether the creditors of an insolvent company may sue the company...

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