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IN RE MID-WEST MOTORS, INC.

Bankruptcy No. 186-10338-11.

82 B.R. 439 (1988)

In re MID-WEST MOTORS, INC., d/b/a Honda of Midland, Debtor. FIRST CITY NATIONAL BANK OF MIDLAND, Movant, v. MID-WEST MOTORS, INC., d/b/a Honda of Midland, Respondent.

United States Bankruptcy Court, N.D. Texas, Abilene Division.

February 17, 1988.

Attorney(s) appearing for the Case

Joseph C. Elliott, Plunkett, Gibson & Allen, San Antonio, Tex., for Bank.

Charles A. Beckham, Jr., Kemp, Smith, Duncan & Hammond, El Paso, Tex., for FDIC.

Charles Dick Harris, Harris & McBeath, Abilene, Tex., for debtor.

Billy W. Boone, Abilene, Tex., for Unsecured Creditors Committee.

MEMORANDUM OF OPINION ON COVENANT NOT TO COMPETE AND MARSHALING OF ASSETS

JOHN C. AKARD, Bankruptcy Judge.

First City National Bank of Midland (Bank) filed a Motion for Marshaling of Assets seeking to have the Federal Deposit Insurance Corporation, as the Successor in Interest to the First National Bank of Midland, Texas (FDIC), satisfy its liens out of otherwise unencumbered assets of the estate. The Bank would then be able to satisfy a larger portion of...

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