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MATTER OF SPAIN

Bankruptcy No. 79-3543, Adv. No. 83-1122.

85 B.R. 874 (1988)

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

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

April 14, 1988.

Attorney(s) appearing for the Case

Milton Garrett, Birmingham, Ala., for debtor.

J.N. Holt, Birmingham, Ala., for trustee.

Andre Toffel, Daniel Wainscott, Birmingham, Ala., for Mrs. Spain.

John P. Whittington, Birmingham, Ala., trustee.

FINDINGS OF FACT AND OPINION

STEPHEN B. COLEMAN, Bankruptcy Judge.

This is the third Opinion1 written by this Court in this Adversary Proceeding, which has been pending since October 11, 1983, and the case is now being heard on the mandate of the Court of Appeals in the case of John P. Whittington, Trustee v. Mary P. Spain, et al, BK A.P. No. 83-1122, ruling that the debtor's wife had a destructible right of survivorship...

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