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MATTER OF FRANCHISE SYSTEMS, INC.

Bankruptcy No. 83-05523A-ADK, Adv. No. 84-0170A.

46 B.R. 158 (1985)

In the Matter of FRANCHISE SYSTEMS, INC., Debtor. Jay E. LOEB, Trustee for the Estate of Franchise Systems, Inc., Plaintiff, v. FRANCHISE DISTRIBUTORS, INC., Trust Company Bank, f/d/b/a Peachtree Bank and Trust Company, Georgia Bank & Trust Co., and Western Automation Corporation, and Industrial Boiler Co., Inc., Defendants.

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

February 7, 1985.

Attorney(s) appearing for the Case

Jay E. Loeb, Atlanta, Ga., for plaintiff.

Stephen H. Block, Atlanta, Ga., Jerome Kaplan, Ward Stone, Macon Ga., for Georgia Bank & Trust Co.

MEMORANDUM OF OPINION AND ORDER

A.D. KAHN, Bankruptcy Judge.

Plaintiff-Trustee filed the above-styled adversary complaint to determine the extent and priority of liens, to set aside a judgment lien as a preferential transfer, and to request the marshaling of certain assets. It is before the Court on cross-motions for partial summary judgment filed by Plaintiff-Trustee and Defendant Georgia Bank & Trust Company [hereinafter referred to as "Georgia Bank...

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