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WALTON MOTOR SALES v. ROSS

No. 82-8640.

736 F.2d 1449 (1984)

WALTON MOTOR SALES, INC., et al., Plaintiffs-Appellees, Cross-Appellants, v. F.H. ROSS, Jr., and Ernest Schleussener, Sr., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 19, 1984.

Attorney(s) appearing for the Case

Paul W. Calhoun, Jr., Vidalia, Ga., for defendants-appellants, cross-appellees.

H. Jerome Strickland, Hubert C. Lovein, Jr., Macon, Ga., for plaintiffs-appellees, cross-appellants.

Before TJOFLAT and FAY, Circuit Judges, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge:

In this diversity case controlled by Georgia law, we are presented with a dispute between a creditor (the defendant, F.H. Ross) and a debtor (the corporate plaintiff, Walton Motor Sales, Inc.1) over the proceeds from the liquidation of the plaintiffs' business. The defendant held security interests in three tracts of real estate owned by the corporate plaintiff and in the personal property and inventory of...

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