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IN RE SCHOOLER

Bankruptcy No. 01-51003-RLJ-7. Adversary No. 09-05011.

449 B.R. 502 (2010)

In re Robert Dean SCHOOLER and Tina Marie Schooler, Debtors. United States of America by Lamesa National Bank, Plaintiff v. Liberty Mutual Surety, Defendant.

United States Bankruptcy Court, N.D. Texas, Lubbock Division.

September 30, 2010.

Attorney(s) appearing for the Case

James L. Gorsuch, James L. Gorsuch, P.C., Lubbock, TX, William Riley Nix, Jr., Sherman, TX, for Plaintiff.

Don Clark Dennis, Boerner, Dennis, & Franklin, PLLC, Lubbock, TX, for Defendant.

MEMORANDUM OPINION

ROBERT L. JONES, Bankruptcy Judge.

Trial of this adversary proceeding was held on May 28, 2010, after which the Court granted the parties' request to file post-trial briefs; upon receipt of the briefs, the Court took the matter under advisement. By this suit, the plaintiff, Lamesa National Bank ("LNB"), seeks recovery from the defendant, Liberty Mutual Surety ("Liberty Mutual"), which is the surety under the blanket bond issued...

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