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IN RE ESTATE OF HIPP, INC.

Adv. No. 287-2092.

96 B.R. 656 (1988)

In re ESTATE OF HIPP, INC., Debtor. PHOENIX GRAIN, INC., Plaintiff, v. ESTATE OF HIPP, INC., and Thomas J. Griffith, Trustee for Hipp, Inc., Defendants.

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

July 12, 1988.

Attorney(s) appearing for the Case

Floyd D. Holder, Jr., Lubbock, Tex., for Griffith.

Kent Brooks, McCrory, Henderson & Brooks, Dallas, Tex., for Phoenix Grain, Inc.

MEMORANDUM OF OPINION CONCERNING RENTALS

JOHN C. AKARD, Bankruptcy Judge.

This is another round in the continuing battles between Phoenix Grain, Inc. (Phoenix) and Thomas J. Griffith, Trustee-in-Bankruptcy for Hipp, Inc. (Griffith).

Facts

On October 1, 1973 Hipp, Inc., executed a promissory note payable to John Hancock Mutual Life Insurance Company (the Hancock Note) for $2 million. The note was secured by liens on grain storage...

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