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MATTER OF PLANES, INC.

Bankruptcy No. 83-01037A, Adv. No. 83-1070A.

29 B.R. 370 (1983)

In the Matter of PLANES, INC., Debtor. PLANES, INC., Plaintiff, v. FAIRCHILD AIRCRAFT CORPORATION, f/k/a Fairchild Swearingen Corporation and Landmark First National Bank of Ft. Lauderdale, Florida, Defendants.

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

May 5, 1983.

Attorney(s) appearing for the Case

William F. Welch, John T. Ruff, Neely & Player, Atlanta, Ga., for Planes, Inc.

Paul H. Anderson, Jr., Mitchell, Clarke, Pate, Anderson & Wimberly, Atlanta, Ga., John D. Briggs, Howrey & Simon, Washington, D.C., for Fairchild Aircraft Corp.

Karen F. White, Zusmann, Small & Stamps, Atlanta, Ga., for Landmark First Nat. Bank of Ft. Lauderdale, Fla.

MEMORANDUM OF OPINION AND ORDER

A. DAVID KAHN, Bankruptcy Judge.

The Debtor filed the above-styled adversary complaint seeking to enjoin Defendant Fairchild from drawing down on a letter of credit in the amount of $500,000 issued by Defendant Landmark First National Bank of Ft. Lauderdale (hereinafter Landmark). Although named as a defendant, the Debtor seeks no relief against Landmark. A hearing was held on May 4, 1983. All parties were represented by counsel...

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