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BANCORPSOUTH BANK v. HERTER

No. 04-2420 B.

643 F.Supp.2d 1041 (2009)

BANCORPSOUTH BANK, Plaintiff, v. Justin HERTER and Capitol Management, Inc., Defendants.

United States District Court, W.D. Tennessee, Western Division.

June 5, 2009.

Attorney(s) appearing for the Case

Catherine B. Clayton, Spragins Barnett Cobb & Butler, Jackson, TN, J. Patrick Caldwell, Riley Caldwell Cork and Alvis, Tupelo, MS, for Plaintiff.

Kevin A. Snider, Corporate Gardens, Germantown, TN, for Defendants.

MEMORANDUM OPINION

J. DANIEL BREEN, District Judge.

INTRODUCTION

This action, filed in June 2004, arises from a series of defaulted mortgage loans made by the Plaintiff, BancorpSouth Bank (sometimes referred to herein as "BancorpSouth" or the "Bank") to certain family members of the individual Defendant, Justin Herter. The Plaintiff has alleged that these family members, who have been dismissed as Defendants in this case, were "straw borrowers...

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