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MATTER OF BROGDON INV. CO.

Bankruptcy No. 81-05303A, Adv. No. 82-1141A.

22 B.R. 546 (1982)

In the Matter of BROGDON INVESTMENT COMPANY, Debtor. ROYAL TRUST BANK, N.A., f/k/a Royal Trust Bank of Miami, N.A., Plaintiff, v. BROGDON INVESTMENT COMPANY, INC., and Hugh F. Lambert Construction Company, a/k/a Hugh F. Lambert Co., Defendants.

United States Bankruptcy Court, N.D. Georgia.

June 29, 1982.

Attorney(s) appearing for the Case

Alfred S. Lurey, Kilpatrick & Cody, Atlanta, Ga., for plaintiff.

Gus H. Small, Jr., Small & Stamps, Atlanta, Ga., for Brogdon Inv. Co.

G. Allen Broxton, Telford, Stewart & Stewart, Gainesville, Ga., for Hugh F. Lambert Const. Co.

MEMORANDUM OF OPINION

A.D. KAHN, Bankruptcy Judge.

A consolidated trial and hearing was held beginning on June 3, 1982, on the Complaint for Relief from Stay and the Motion to Dismiss the Chapter 11 case. After hearing the evidence and considering applicable law, the court makes the following findings of fact and conclusions of law.

The real estate in Gwinnett County that is the subject of the controversy was formerly owned by M. Nelson Brogdon,...

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