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IN RE GENERAL COFFEE CORP.

No. 86-5798.

828 F.2d 699 (1987)

In re GENERAL COFFEE CORPORATION, Debtor. CITY NATIONAL BANK OF MIAMI and City National Bank Corporation, Plaintiffs-Appellees, v. GENERAL COFFEE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 28, 1987.

Attorney(s) appearing for the Case

Julian Clarkson, Holland & Knight, Tallahassee, Fla., Joseph B. Manello, Goldstein & Manello, Boston, Mass., for defendant-appellant.

Arthur J. England, Jr., Miami, Fla., for plaintiffs-appellees.

Before GODBOLD and HILL, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

GODBOLD, Circuit Judge:

This is an appeal by debtor General Coffee and intervenor Shawmut Boston International Banking Corporation1 from an adverse bankruptcy decision by the district court that General Coffee, as debtor-in-possession, could not bring into its estate over $6 million it held in constructive trust for City National Bank of Miami ("CNB"). We affirm.

I. FACTUAL BACKGROUND

The facts are undisputed. The bankruptcy...

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