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IN RE BLACK

Bankruptcy No. 88-04999.

95 B.R. 223 (1988)

In re Donald Jackson BLACK and Glenda Adele Parkel Black, Debtor. TRANSAMERICA FINANCIAL SERVICES, INC., Plaintiff, v. Donald Jackson BLACK and Glenda Adele Parkel Black, Defendants.

United States Bankruptcy Court, N.D. Alabama.

December 29, 1988.

Attorney(s) appearing for the Case

Glenn N. Baxter, Tuscaloosa, Ala., for plaintiff.

Albert G. Lewis, III, Tuscaloosa, Ala., for defendants.

MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Chief Judge.

This matter came before the Court on the Plaintiff's Motion to Determine Secured Status and Objection to Claim of Exemptions. The issue involved is whether an above-ground swimming pool is a fixture. After a trial and consideration of the applicable law, it is the opinion of the Court that the above-ground pool is not a fixture and therefore not subject to the mortgage with Transamerica Financial Services...

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