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MARKSTEIN v. MASSEY ASSOCIATES, LTD.

No. 83-7639.

763 F.2d 1325 (1985)

D.H. MARKSTEIN, Jr., Stanton B. Ingram, Thomas W. Ingram and Donald A. Springer, Plaintiffs-Appellees, v. MASSEY ASSOCIATES, LTD., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 24, 1985.

Attorney(s) appearing for the Case

David J. Vann, Birmingham, Ala., for defendant-appellant.

D.H. Markstein, Jr., Holly L. Wiseman, Birmingham Ala., for plaintiffs-appellees.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JAMES C. HILL, Circuit Judge:

Appellant Massey Associates, Ltd. (Massey), a Chapter 11 debtor, appeals from a bankruptcy court order permitting foreclosure on Massey's only substantial asset. We hold that the appeal is largely moot, since Massey failed to obtain a stay pending appeal with the result that the property was sold at foreclosure. We remand for a determination of whether Massey's estate is entitled to any excess of the foreclosure bid over the amount of...

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