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MATTER OF MARIETTA BAPTIST TABERNACLE, INC.

No. 76-4479.

576 F.2d 1237 (1978)

In the Matter of MARIETTA BAPTIST TABERNACLE, INC., Bankrupt. MARIETTA BAPTIST TABERNACLE and Thomas E. Raines, as Receiver for Marietta Baptist Tabernacle, Inc., Appellants, v. TOMBERLIN ASSOCIATES, ARCHITECTS, INC., Appellee.

United States Court of Appeals, Fifth Circuit.

July 24, 1978.

Attorney(s) appearing for the Case

James C. Cifelli, Atlanta, Ga., for appellants.

R. Britt Harris, Jr., Robert B. Harris, Atlanta, Ga., for appellee.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The case on appeal presents two issues: (1) whether the appellee violated either the automatic stay provision of Rule 11-44 of the Federal Rules of Bankruptcy Procedure or a restraining order issued in aid and amplification of the Rule when the appellee filed notice of its claim of lien against the debtor's property without prior approval of the bankruptcy court; and (2) whether a statutory architect's lien is valid against a receiver...

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