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IN RE SOUTHERN INDUS. BANKING CORP.

Bankruptcy No. 3-83-00372, Adv. No. 3-85-0949.

59 B.R. 638 (1986)

In re SOUTHERN INDUSTRIAL BANKING CORPORATION d/b/a Daveco, Debtor. Thomas E. DUVOISIN, Trustee, Plaintiff, v. EAST TENNESSEE EQUITY, LTD., Theodore A. Erck and James E. Steiner, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

March 26, 1986.

Attorney(s) appearing for the Case

Dearborn & Ewing, James R. Kelley, Cyrus L. Booker, Ann Vix, Nashville, Tenn., for plaintiff.

Tipton, Eshbaugh & Simpson, Joseph M. Tipton, Knoxville, Tenn., for defendants East Tennessee Equity, Ltd. and Theodore A. Erck.

CLIVE W. BARE, Bankruptcy Judge.

Plaintiff, in his capacity as the Trustee of the Liquidation Trust established pursuant to the Modified Plan of Reorganization of Southern Industrial Banking Corporation, has sued defendants to recover alleged fraudulent conveyances under 11 U.S.C.A. § 548(a) (West 1979).

Defendants East Tennessee Equity, Ltd. and Theodore A. Erck have moved to dismiss this action, asserting (1) that plaintiff "is not a proper party to...

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