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IN RE TITTABAWASSEE INV. CO.

No. 86-1796.

831 F.2d 104 (1987)

In re TITTABAWASSEE INVESTMENT COMPANY, Debtor. HIDDEN HOLLOW GOLF COURSE, INC., a Michigan corporation, Plaintiff-Appellant, v. TITTABAWASSEE INVESTMENT COMPANY, a Michigan Co-Partnership composed of John W. Emerick and Frederick A. Foulds; United States Small Business Administration; James M. Burke, Trustee of Debtor, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Kenneth W. Schmidt, Lambert, Leser, Dahm, Giunta, Cook & Schmidt, P.C., Bay City, Mich., Rozanne M. Giunta (argued), for plaintiff-appellant.

David J. Fischer, Smith, Bovill, Fisher, Meyer & Borchard, Saginaw, Mich., for Tittabawassee.

Michael J. Hluchaniuk (argued), Bay City, Mich., for U.S. Small Business Admin.

Ralph I. Selby, Bay City, Mich., for Burke.

Before MARTIN, JONES and WELLFORD, Circuit Judges.

WELLFORD, Circuit Judge.

On December 20, 1984, plaintiff, Hidden Hollow Golf Course, Inc. ("HHGC"), filed an amended complaint seeking a determination that its interest in the proceeds of sale of a state liquor license is superior to the competing claims of James Burke, Trustee in Bankruptcy ("Trustee"); the United States Small Business Administration ("SBA"); and Tittabawassee Investment Company ("TIC"). On September 18, 1985, the bankruptcy court determined that...

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