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IN RE SPAIN

No. CV88-PT-1337-S.

103 B.R. 286 (1988)

In re William Harold SPAIN, Debtor. John P. WHITTINGTON, Trustee, v. GILBRALTER SAVINGS & LOAN ASSOCIATION, North Shelby County Fire District, Tax Collector of Shelby County, and Mary P. Spain, Defendants.

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

December 16, 1988.

Attorney(s) appearing for the Case

J.N. Holt & W.K. Upshaw, Holt Cooper & Upshaw, Birmingham, Ala., for plaintiff.

Daniel Wainscott, Wainscott & Toffell, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

PROPST, District Judge.

This is an appeal by John P. Whittington, Trustee, from an order of the Bankruptcy Court denying the Trustee's petition to sell for division the homestead property of the debtor, William H. Spain, held jointly with his wife, Mary P. Spain, also an appellee herein. The trustee's petition to sell was filed pursuant to section 363(h) of the Bankruptcy Code.1

The trustee had appealed...

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