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GOOD HOPE REFINERIES, INC. v. BRASHEAR

No. 78-1332.

588 F.2d 846 (1978)

GOOD HOPE REFINERIES, INC., Debtor, Appellant, v. R. D. BRASHEAR et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 26, 1978.

Attorney(s) appearing for the Case

Stephen F. Gordon, Boston, Mass., with whom Carol J. Kenner, and Widett, Widett, Slater & Goldman, P. C., Boston, Mass., were on brief, for debtor, appellant.

Vern Countryman, Boston, Mass., with whom William J. Rochelle, Jr., and Rochelle, King & Balzersen, Dallas, Tex., were on brief, for defendants, appellees.

Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

On October 20, 1977, R. D. Brashear, et al. (Brashear) filed a complaint in the pending Chapter XI proceeding of Good Hope Refineries, Inc. (Good Hope), seeking relief from the automatic stay imposed by Bankruptcy Rule 11-44(a), so that Brashear could foreclose a mortgage on certain Texas real estate. The complaint alleged that Good Hope holds legal title to the real estate, which is mortgaged to Brashear to secure a debt of —...

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