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MATTER OF OAKLAND CITY APARTMENTS, INC.

Bankruptcy Nos. 77-369A, 77-370A.

1 B.R. 123 (1979)

In the Matter of OAKLAND CITY APARTMENTS, INC., Oakland Park Apartments, Inc., Bankrupts. UNITED STATES of America, Plaintiff, v. OAKLAND CITY APARTMENTS, INC., Oakland Park Apartments, Inc., Robert E. Brizendine, Trustee, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

October 19, 1979.

Attorney(s) appearing for the Case

Douglas P. Roberto, Asst. U.S. Atty., N.D. Ga., Atlanta, Ga., for the U.S.

Robert E. Brizendine, Hicks & Scroggins, Atlanta, Ga., for Oakland City Apartments, Inc., Oakland Park Apartments, Inc. and Robert E. Brizendine, trustee.

MEMORANDUM OF OPINION ON MOTIONS FOR SUMMARY JUDGMENT OF THE TRUSTEE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

A. DAVID KAHN, Bankruptcy Judge.

The question placed before the Court by Motions for Summary Judgment in these two cases is whether the Department of Housing and Urban Development, as a loss payee on an insurance policy, is entitled, purely as a matter of law, to the proceeds from a fire loss which...

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