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IN RE ZIP ENTERPRISES, INC.

Adv. No. 83-0065.

28 B.R. 223 (1983)

In re ZIP ENTERPRISES, INC., Debtor. Tommie L. MILLER, Plaintiff, v. Ed HILL, as Trustee of Zip Enterprises, Inc., Bankrupt; Russell Petroleum Corp., a corporation; and Smith and Tyson, Inc., as Agent for Smith Trust, Defendants.

United States Bankruptcy Court, M.D. Alabama.

March 8, 1983.

Attorney(s) appearing for the Case

Charles P. Miller, Montgomery, Ala., for plaintiff.

Leon Capouano, Montgomery, Ala., for defendant, Russell Petroleum.

Tommy M. Tyson, Jr., Montgomery, Ala., for defendant, Smith & Tyson, Inc.

Barry Teague, Montgomery, Ala., for defendant, the trustee, Ed Hill.

Clifford W. Cleveland, Prattville, Ala., for debtor, Zip Enterprises, Inc.

ORDER DISMISSING COMPLAINT FOR DECLARATORY JUDGMENT

RODNEY R. STEELE, Bankruptcy Judge.

On February 11, 1983, the plaintiff filed a complaint which seeks to have this Court determine the relative rights or priorities of Tommie L. Miller and Russell Petroleum Corporation, as against Ed Hill, trustee, and Smith and Tyson, Inc., as agents for Smith Trust.

The subject matter of the complaint is a lease made by Smith and Tyson, Inc. to Zip Enterprises...

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