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COURNOYER v. TOWN OF LINCOLN

No. 85-1839.

790 F.2d 971 (1986)

Arthur J. COURNOYER, d/b/a Cournoyer's Used Truck Parts, Plaintiff, Appellant, v. TOWN OF LINCOLN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 9, 1986.

As Amended May 14, 1986.

Attorney(s) appearing for the Case

George M. Prescott with whom Oster, Groff & Prescott, Lincoln, R.I., was on brief, for plaintiff, appellant.

Joseph T. Little, Town Solicitor, East Providence, R.I., for defendant, appellee.

Before COFFIN, ALDRICH and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This case arises from a conflict between the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362(a), and the attempt of the Town of Lincoln, Rhode Island, to enforce its zoning ordinance. The issue is whether the stay exemptions of § 326(b)(4) and (5) prevent the application of the automatic stay.

The procedural history of the case is as follows. Plaintiff-appellant Arthur...

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