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IN RE PURDY

Civ. A. No. C81-129R.

16 B.R. 860 (1981)

In re Ronnie and Sherry PURDY, Debtors. The NATIONAL CITY BANK OF ROME, Plaintiff/Appellant, v. Ronnie PURDY and Sherry Purdy, Defendants/Appellees, United States of America, Intervenor/Defendant.

United States District Court, N.D. Georgia, Rome Division.

December 10, 1981.

Attorney(s) appearing for the Case

Clinton J. Morgan, Rome, Ga., for plaintiff/appellant.

R. Everett Anderson, Rome, Ga., for defendants/appellees.

James E. Baker, U.S. Atty. (N.D.Ga.), Jere W. Morehead, Asst. U.S. Atty., Atlanta, Ga., for intervenor/defendant.

ORDER

HAROLD L. MURPHY, District Judge.

The National City Bank of Rome (hereinafter "NCB" or appellant) appeals from an order of the Bankruptcy Court, 10 B.R. 901, rejecting its challenge to the constitutionality and applicability of the $60.00 filing fee presently required to commence an adversary proceeding when seeking relief from the automatic stay pursuant to 11 U.S.C. § 362(d).

As a preliminary matter, the...

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