FEDERAL DEPOSIT INS. CORP. v. U.S.

Civ. A. No. C80-278A.

654 F.Supp. 794 (1986)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. The UNITED STATES of America, Internal Revenue Service, Global Industries, Inc., NCR Corporation, Joan Coffman, Georgia Ann Harmon, Trustee, Fidelity Equipment Leasing Corp., Urban Industries, Inc. of Kentucky, Weslo, Inc., Merchants and Businessmens Mutual Insurance Co., Bituminous Casualty Co., Firemen's Fund Insurance Co., Newark Insurance Co., Defendants.

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

October 24, 1986.


Attorney(s) appearing for the Case

J.D. Roy Atchison, U.S. Atty., Richard F. Mitchell, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., A.M. Wilkinson, Jr., John G. McCullough, Wilkinson & McCullough, Atlanta, Ga., for NCR Corp.

Robert M. Travis, Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for Urban Indus., Weslo, Fireman's Fund, Newark Ins., Merchant & Business Mens Mut. and Bituminous Cas.

Martin J. Blank and Paul Hawkins, Freeman & Hawkins, Atlanta, Ga., for Joan Thevis.

Burgess W. Stone, Levine & D'Alessio, Atlanta, Ga., for Velda Joan Thevis.

John F. Murray, Acting Asst. Atty. Gen., and Steven Shapiro, Chief, Civil Trial Section, Southern Region, Dept. of Justice, Tax Div., Washington, D.C., for U.S.

Dist. Counsel, I.R.S., Atlanta, Ga.

Wesley P. Adams, Ogden, Robertson & Marshall, Lousiville, Ky., for Urban Industries, Inc. of Kentucky.

Edward E. Strain, III, Cathy & Strain, Cornelia, Ga., for Global Industries, Inc.

Garland, Nuckolls & Catts, Atlanta, Ga., for Fidelity Equipment Leasing Corp.


ORDER

HAROLD L. MURPHY, District Judge.

BACKGROUND OF THE CASE

In 1974 Michael G. Thevis, convicted of certain federal crimes, entered federal prison, and undertook to sell Global Industries, Inc. to his associate, Laverne Bowden. This sale transaction was re-negotiated or modified in 1975, 1977 and 1978. Ms. Bowden used the entity "Fidelity Equipment Leasing Corp.," as the vehicle for the acquisitions, which became the parent of

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