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MATTER OF FULTON AIR SERVICE, INC.

Bankruptcy No. 82-04381A, Adv. No. 83-1079A.

34 B.R. 568 (1983)

In the Matter of FULTON AIR SERVICE, INC., Debtor. Benjamin C. ABNEY, Trustee, Plaintiff, v. FULTON COUNTY, GEORGIA, Defendant.

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

November 9, 1983.

Attorney(s) appearing for the Case

Mark A. Kelley, Carr, Abney & Tabb, Atlanta, Ga., for plaintiff.

Paul Webb, Jr., Keith M. Wiener, Webb & Daniel, Atlanta, Ga., for defendant.

ORDER AND MEMORANDUM OF OPINION

A.D. KAHN, Bankruptcy Judge.

The above-styled complaint was filed by the Trustee against Fulton County seeking a declaratory judgment regarding the assignability of a lease. It is before the Court on cross motions for summary judgment. The facts, for the most part, are not in dispute and can be summarized as follows.

On December 15, 1976, the Debtor and Fulton County entered into a lease for certain improved real property...

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