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IN RE MARTIN BROS. TOOLMAKERS, INC.

No. 85-7165.

796 F.2d 1435 (1986)

In re MARTIN BROTHERS TOOLMAKERS, INC., Debtor. MARTIN BROTHERS TOOLMAKERS, INC., Plaintiff-Appellant, v. INDUSTRIAL DEVELOPMENT BOARD OF the CITY OF HUNTSVILLE and Central Bank of the South, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 18, 1986.

Attorney(s) appearing for the Case

Philip A. Geddes, Decatur, Ala., for plaintiff-appellant.

John M. Heacock, Jr., Huntsville, Ala., for defendants-appellees.

Before RONEY and CLARK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

CLARK, Circuit Judge:

Appellant-debtor Martin Brothers Toolmakers, Inc. (Martin Bros.) brings this appeal from an adversary proceeding in bankruptcy. Martin Bros. sought a judgment declaring its lease agreement for manufacturing facilities to be a mortgage rather than a true lease. Appellee-lessor, the Industrial Development Board of Huntsville, Alabama (IDB), opposed the action on grounds that the bankruptcy court had already determined the agreement to be a true...

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