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IN RE CLARK

Civ. A. No. 86-AR-1952-S.

75 B.R. 337 (1987)

In re John Foster CLARK. John H. DAVIS, Jr. and Charles W. Moulthrop, II, Appellants, v. John Foster CLARK, Appellees.

United States District Court, N.D. Alabama, S.D.

April 10, 1987.

Attorney(s) appearing for the Case

Samuel A. Cherry, Jr., Cherry & Givens, Dothan, Ala., and J.N. Holt, Birmingham, Ala., for John H. Davis, Jr. and Charles W. Moulthrop, II.

Jack Rivers, Birmingham, Ala., U.S. trustee.

Charles R. Johanson, III, Engel, Hairston, Moses & Johanson, Birmingham, Ala., Jerry W. Schoel, Douglas J. Centeno, Schoel, Ogle & Benton, Birmingham, Ala., for Balch & Bingham.

MEMORANDUM OPINION

ACKER, District Judge.

This court is being asked to sit as an appellate court to review the bankruptcy court's denial of the demands by appellants, John H. Davis, Jr. and Charles W. Moulthrop, II, for a jury trial. This court has jurisdiction pursuant to 28 U.S.C. § 158.

The issue presented involves an interpretation of the Bankruptcy Code and Bankruptcy Rules. There are no disputed...

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