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MATTER OF ALL AMERICAN OF ASHBURN, INC.

Bankruptcy No. A83-03719-WHD, Adv. No. 86-0100A.

95 B.R. 251 (1989)

In the Matter of ALL AMERICAN OF ASHBURN, INC., Debtor. Paul W. BONAPFEL, Chapter 7 Trustee for All American of Ashburn, Inc., Plaintiff, v. LaSALLE-DEITCH CO., INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

January 24, 1989.

Attorney(s) appearing for the Case

James C. Cifelli, Lamberth, Bonapfel, Cifelli & Willson, P.A., Atlanta, Ga., for plaintiff/trustee.

Jesse H. Austin, III, Eric W. Anderson, Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., for defendant.

ORDER

W. HOMER DRAKE, Jr., Bankruptcy Judge.

This adversary proceeding is before the Court on a motion for summary judgment filed on September 6, 1988 by the plaintiff/trustee. The defendant filed its response on November 7, 1988, after obtaining an extension of time to so respond. The undisputed facts of this proceeding are as follows.

The debtor, All American of Ashburn, Inc., filed its Chapter 11 petition on August 18, 1983. The case was converted...

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