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MATTER OF COVINGTON GRAIN CO., INC.

No. 79-3726.

638 F.2d 1357 (1981)

In the Matter of COVINGTON GRAIN COMPANY, INC., a Corporation, Bankrupt. COLLATERAL CONTROL CORPORATION, Plaintiff-Appellant, v. Wiley DEAL, Trustee et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied April 22, 1981.

Attorney(s) appearing for the Case

Ball, Ball, Duke & Matthews, Clyde C. Owen, Jr., John R. Matthews, Jr., Montgomery, Ala., for plaintiff-appellant.

Merrill & Harrison, G. M. Harrison, Dothan, Ala., for Wiley Deal.

Balch, Bingham, Baker, Hawthorne, Williams & Ward, Edward S. Allen, Birmingham, Ala., for Louis Dreyfus Corp.

Hobbs, Copeland, Franco & Screws, Albert W. Copeland, Montgomery, Ala., for Merrill Lynch et al.

Cook & Cook, Andalusia, Ala., for Quinton S. Bass et al.

Powell & Powell, Abner R. Powell, III, Andalusia, Ala., for Lester Brooks et al.

Before MORGAN, FAY and FRANK M. JOHNSON, Jr., Circuit Judges.

FAY, Circuit Judge:

Appellant Collateral Control Corporation appeals the denial of its petition to be substituted in bankruptcy proceedings for the claims of farmers who recovered judgments from it in a state court action. We hold that the order denying substitution is an appealable order and affirm the denial of the petition.

In 1972, appellant Collateral Control Corporation, formerly New York Terminal Warehouse Company (NYTCO), entered into a field warehousing...

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