Brad, Kenneth Burgess file motion to dismiss Vista Bank lawsuit

Brad, Kenneth Burgess file motion to dismiss Vista Bank lawsuit

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LUBBOCK, Texas -

A day after the attorney for First Capital Bank filed a motion to dismiss Vista Bank's lawsuit, attorney for Brad and Kenneth Burgess filed a similar motion. Brad Burgess is First Capital CEO, Kenneth Burgess is First Capital Chairman.

Vista's federal lawsuit contends First Capital Bank knowingly facilitated a multi-million-dollar scheme, initiated by Reagor-Dykes, to allow First Capital to keep collecting fraudulent deposits, while pushing fraud losses onto Vista through a system of mass check returns.

This motion states Ken and Brad Burgess are not beneficiaries of "Reagor-Dykes' Fraud". The filing states Vista's claims are vague and do not meet the level of scrutiny required by Federal Rules of Civil Procedure, "Plaintiff omits all details, including which entity supposedly made what misrepresentation when."

The filing states Vista Bank, "relying heavily on speculative, 'on information and belief' allegations and under the guise of the litigation privilege, has defamed Kenneth Burgess, Jr. and Brad Burgess by contending they are personally liable for fraud in connection with a massive check kiting scheme perpetrated by others."

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AUG. 25: GM proceeding with termination of Reagor-Dykes Floydada
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AUG. 15: Reagor-Dykes Auto Group issues written apology
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AUG. 9: Reagor-Dykes questions former CFO’s actions; Contractor claims $700,000 due now
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INITIAL STORY: Ford Motor Credit sues Reagor-Dykes; R-D files for chapter 11 bankruptcy

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