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MATTER OF HAVIK, INC.

Bankruptcy No. 81-03044A, Adv. No. 81-1337A.

14 B.R. 635 (1981)

In the Matter of HAVIK, INC., Debtor, HAVIK, INC., Plaintiff, v. THEODORE H. SMYTH FAMILY TRUST and Anstalt Muralto, Defendants.

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

September 22, 1981.

Attorney(s) appearing for the Case

R. Neal Batson, Atlanta, Ga., for Havik, Inc.

J. Kirk Quillian, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., for defendant.

C. Richard McQueen, Atlanta, Ga., for defendant in counterclaim.

ORDER ON DEFENDANTS' MOTION TO DISMISS

HUGH ROBINSON, Bankruptcy Judge.

On July 24, 1981, Debtor/Plaintiff Havik Inc. ("Havik") filed a Chapter 11 proceeding with this Court. In its petition Havik presented itself as the owner of property identified as Foxcroft Condominiums/Apartments ("Property"). According to Havik it purchased this property from a Georgia Ltd. Partnership known as Foxcroft Associates, Ltd. ("Foxcroft...

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