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IN RE BRYN ATHYN INVESTORS, LTD.

Bankruptcy No. 86-02268-SO5, Adv. No. 86-0226-AP.

69 B.R. 452 (1987)

In re BRYN ATHYN INVESTORS, LTD., a Texas Limited Partnership, Debtor. BRYN ATHYN INVESTORS, LTD., a Texas Limited Partnership, Plaintiff, v. HUTTON/CONAM REALTY PENSION INVESTORS, Defendant.

United States Bankruptcy Court, E.D. North Carolina.

January 22, 1987.

Attorney(s) appearing for the Case

John H. Small, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., Mark S. Kaufman, Troutman, Sanders, Lockerman & Ashemore, Atlanta, Ga., for plaintiff.

Joseph B.C. Kluttz, Kennedy Covington Lobdell & Hickman, Charlotte, N.C., for defendant.

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the motion for summary judgment filed by the defendant, Hutton/Conam Realty Pension Investors ("R.P.I."), in response to a complaint filed by the plaintiff-debtor, Bryn Athyn Investors, Ltd. ("Bryn Athyn"). The complaint seeks, among other things, turnover of an apartment complex, possession of which had been awarded to...

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