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MATTER OF SEC. INV. PROPERTIES, INC.

No. 76-1119.

559 F.2d 1321 (1977)

In the Matter of SECURITY INVESTMENT PROPERTIES, INC., Bankrupt. GEORGIA POWER COMPANY, Appellant, v. SECURITY INVESTMENT PROPERTIES, INC., Appellee. In the Matter of GUARDIAN PROPERTIES-ATHENS, INC., Bankrupt. GEORGIA POWER COMPANY, Appellant, v. GUARDIAN PROPERTIES-ATHENS, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

September 29, 1977.

Attorney(s) appearing for the Case

Robert W. Webb, Jr., Robert L. Mote, Mark S. Kaufman, Atlanta, Ga., for appellant.

Stacey W. Cotton, David W. Pollard, Atlanta, Ga., for appellee.

Before CLARK and GEE, Circuit Judges, and MARKEY, Chief Judge.

CLARK, Circuit Judge:

We explore a boundary for summary jurisdiction of bankruptcy courts which is familiar to bankruptcy judges but relatively new ground for appellate courts. We must address a preliminary issue of mootness and answer the following question. In a proceeding under Chapter XI, can the bankruptcy judge summarily require a public utility to provide future service to a delinquent customer who did not comply with the utility's demand for a deposit or bond...

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