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IN RE CARLIN

Bankruptcy No. 5:00-bk-81379. Adversary No. 5:01-ap-8075.

274 B.R. 821 (2002)

In re Daniel F. CARLIN, Pride L. Carlin, Debtors. Daniel and Pride Carlin, Debtors, Plaintiffs, v. Rogers District Court, Bentonville District Court, Defendants.

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

March 8, 2002.

Attorney(s) appearing for the Case

James O. Wyre, II, Attorney at Law, Conway, AR, for debtors.

Camille Thompson, Attorney at Law, Jim H. Clark, Clark & Clark, Robin F. Green, Benton County Attorney's Office, Bentonville, AR, Tamra L. Cochran, Cochran, Schneider & Croxton, P.A., Ben Lipscomb, Attorney at Law, Rogers, AR, for defendants.

ORDER DENYING ROGERS DISTRICT COURT'S AND BENTONVILLE DISTRICT COURT'S MOTIONS FOR SUMMARY JUDGMENT AND SETTING PRE-TRIAL CONFERENCE

ROBERT F. FUSSELL, Bankruptcy Judge.

Pending before the Court are two motions for summary judgment in the above captioned adversary proceeding. On December 18, 2001, the Rogers District Court filed its motion for summary judgment alleging Eleventh Amendment sovereign immunity. On December 17, 2001, the Bentonville...

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