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BIG SHANTY LAND CORP. v. COMER PROPERTIES, INC.

Civ. A. Nos. C84-2436A, C85-1888A, C85-1957A and C85-2166A.

61 B.R. 272 (1985)

BIG SHANTY LAND CORPORATION, et al., Appellants, v. COMER PROPERTIES, INC., et al., Appellees.

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

October 4, 1985.

Attorney(s) appearing for the Case

Gus H. Small, Zusmann, Small, Stamps & White, Atlanta, Ga., for Big Shanty.

Robert Hicks, Charles Campbell Hicks, Maloof & Campbell, Atlanta, Ga., for Crow Land.

James E. Massey, Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., for Crow-Childress-Mobley.

Alfred S. Lurey, Stephen R. Beckham, Kilpatrick & Cody, Atlanta, Ga., for Stricklin.

Grant Stein, Alston & Bird, Atlanta, Ga., for Comer Properties.

James C. Bussart, Fraser & Bussart, Atlanta, Ga., for Rufus Guthrie.

ORDER

SHOOB, District Judge.

This Chapter 11 bankruptcy case presents the rare spectacle of a solvent debtor whose sole asset, a valuable tract of undeveloped real estate, is the object of a fierce bidding war. Presently before the Court are consolidated appeals involving three orders of the Bankruptcy Court. Although the Court will not reverse the appealed orders, it seriously doubts that the Bankruptcy Court should continue acting as a referee in the parties...

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