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IN RE INCA MATERIALS, INC.

No. 88-8788.

880 F.2d 1307 (1989)

In re INCA MATERIALS, INC., Debtor. FIRST BULLOCH BANK & TRUST COMPANY, Plaintiff-Appellant, v. INCA MATERIALS, INC., Defendant, Construction Casting Co., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 21, 1989.

Attorney(s) appearing for the Case

Joseph Michael Hall, Franklin & Taulbee, Statesboro, Ga. and M. Michael Egan, Atlanta, Ga., for plaintiff-appellant.

David G. Bisbee, Bisbee, Rickertsen & Herzog, Atlanta, Ga., and Steven A. Allen, Menicove, Kaufman, Weiner & Smouse, Baltimore, Md., for Const. Casting Co.

Before HILL and COX, Circuit Judges, and SNEED, Senior Circuit Judge.

PER CURIAM:

I. FACTS

The principal facts in this case are set forth in the joint stipulation of facts submitted to the bankruptcy court.

Between January 4, 1982 and March 20, 1986, Inca Materials executed and delivered to First Bulloch Bank & Trust Company ("First Bulloch") various promissory notes and guarantees having an outstanding balance on the date of bankruptcy of $526,071.44. As collateral for this indebtedness, First Bulloch holds a...

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