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IN RE THOMAS

No. 88-7613.

883 F.2d 991 (1989)

In re James THOMAS and Linda Thomas, Debtors. SOUTHTRUST BANK OF ALABAMA, N.A., as Assignee of SouthTrust Mobile Services, Plaintiff-Appellee. v. James THOMAS and Linda Thomas, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 23, 1989.

Attorney(s) appearing for the Case

Thomas J. Knight, Anniston, Ala., for defendants-appellants.

Carlos Heaps and Allen Ramsey, Heaps & Ramsey, Birmingham, Ala., for plaintiff-appellee.

Romaine S. Scott, III, Balch & Bingham, Birmingham, Ala., for Amicus Curiae, Alabama Power Co.

Before RONEY, Chief Judge, and HILL, Circuit Judge, and HOWARD, Chief District Judge.

BACKGROUND

HOWARD, Chief District Judge:

The facts of this action are basically undisputed.1 On October 11, 1983, the debtors granted a purchase money security interest in a 1982 Commodore Frontier mobile home to SouthTrust Mobile Services, Inc. (SMSI). SMSI assigned its rights as secured party to SouthTrust Bank of Alabama, N.A. (SouthTrust). SouthTrust properly perfected its security interest in the mobile home by filing a...

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