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FIRST STATE BANK OF NORTHWEST ARKANSAS v. McCELLAND QUALIFIED PERSONAL RESIDENCE TRUST

Civil Action No. 5:14-CV-130 (MTT).

FIRST STATE BANK OF NORTHWEST ARKANSAS, Plaintiff, v. THE McCELLAND QUALIFIED PERSONAL RESIDENCE TRUST, et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

May 27, 2014.

Attorney(s) appearing for the Case

FIRST STATE BANK OF NORTHWEST ARKANSAS, represented by DONALD P BOYLE, JR .

FIRST STATE BANK OF NORTHWEST ARKANSAS, Plaintiff, represented by JOHN JOSEPH RICHARD .

THE MCCLELLAND QUALIFIED PERSONAL RESIDENCE TRUST, Defendant, represented by Richard Eugene Thomasson .

THE MCCLELLAND FAMILY LIMITED PARTNERSHIP, Defendant, represented by Richard Eugene Thomasson .

JOSEPH P MCCLELLAND, JR, Defendant, represented by Richard Eugene Thomasson .

ORDER

MARC T. TREADWELL, District Judge.

This matter is before the Court on the Defendants' motion to dismiss (Doc. 12) the Plaintiff's complaint pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. For the following reasons, the motion is DENIED.

I. FACTUAL BACKGROUND

In 2005 and 2006, Defendant Joseph P. McClelland, Jr. took out two loans from First Georgia Community Bank. ...

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