ORDER GRANTING PARTIAL SUMMARY JUDGMENT
HEMPHILL, District Judge.
On October 7, 1975, the plaintiff herein, pursuant to provisions of Rule 56, Federal Rules of Civil Procedure, moved the court to enter a summary judgment, interlocutory in character, declaring that the claim of defendant, Lowe's of Shelby, Inc., is subordinate to plaintiff's mortgage as a matter of law. On the same day plaintiff filed its memorandum in support of the motion. By letter of...
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