DALLAS v. S.A.G., INC.

No. 86-7392 Non-Argument Calendar.

836 F.2d 1307 (1988)

Robert F. DALLAS, Plaintiff-Appellant, v. S.A.G., INC., d/b/a The Toy Store, Defendant-Appellee. In re S.A.G., INC., d/b/a The Toy Store, William N. Owen, Plaintiffs-Appellants. v. Rufus C. BROCK, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 2, 1988.


Attorney(s) appearing for the Case

Leon F. Stamp, Jr., Mobile, Ala., for plaintiff-appellant.

Samuel M. McMillan, Mobile, Ala., for William N. Owen.

Robert H. Allen, Mobile, Ala., for Brock.

Before RONEY, Chief Judge, and HILL and KRAVITCH, Circuit Judges.


HILL, Circuit Judge:

This case involves two separate claims in the United States Bankruptcy Court for the Southern District of Alabama for relief from the automatic stay imposed by 11 U.S.C. § 362. The bankruptcy court denied relief from the stay in both actions, and the district court affirmed.1 Because we find that the bankruptcy court inappropriately placed the burden of proof on the claimants, and inaccurately applied the law...

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