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MATTER OF GARDINIER, INC.

Bankruptcy Nos. 85-329 through 85-333, Adv. No. 85-58.

49 B.R. 489 (1985)

In the Matter of GARDINIER, INC., et al., Debtor. INTERNATIONAL MINERALS AND CHEMICAL CORPORATION, Plaintiff, v. GARDINIER, INC.; Gardinier Petroleum, Inc.; Gardinier Resorts Corp.; Gardinier International Sales Corp.; Gardinier Big River International Sales Corp.; Citibank, N.A., individually and as agent for long term lenders; Southeast Bank, N.A., individually and as agent for short term lenders; Phosphate Rock Export Association and Jack Noonan, Defendants.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

May 16, 1985.

Attorney(s) appearing for the Case

Gregory C. Yadley, Shackleford, Farrior, Stallings & Evans, P.A., Tampa, Fla., Ricardo Torres, Jr., David Pollack, Stroock & Stroock & Lavan, Miami, Fla., for Southeast Bank.

Barry N. Siedel, Levin & Weintraub & Crames, New York City, Douglas McClurg, Holland & Knight, P.A., Tampa, Fla., for debtor.

Jerry Neal, Foley, Neal & Slade, P.A., Tampa, Fla., for Phosrock.

Robert Soriano, Carlton, Fields, Ward, Emanuel, Smith & Cutler, P.A., Tampa, Fla., for Citibank.

Jack Noonan, Tampa, Fla., pro se.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 11 case and the matter under consideration is a Complaint filed by International Minerals and Chemical Corporation (IMC) against five related debtors referred to collectively as Gardinier and also against Citibank, N.A.; Southeast Bank, N.A., Phosphate Rock Export Association (Phosrock) and Jack Noonan. Phosrock and Jack Noonan are no longer Defendants...

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