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IN RE AZTEC CO.

Bankruptcy No. 388-05495.

107 B.R. 585 (1989)

In re AZTEC COMPANY, d/b/a Aztec Villa Apartments, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

November 22, 1989.

Attorney(s) appearing for the Case

G. Rhea Bucy, Thomas H. Forrester, Gullett, Sanford, Robinson & Martin, Nashville, Tenn., for debtor.

John H. Bailey, III, Barbara A. Rose, Bass, Berry & Sims, Nashville, Tenn., for Federal Home Loan Mortgage Corp.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

This is a contested Chapter 11 confirmation. Because the amended plan discriminates unfairly against an impaired non-consenting class, confirmation is denied. The following constitute findings of fact and conclusions of law. Bankr.R. 7052.

I.

The debtor is a joint venture organized in 1984 to own and operate the Aztec Villa Apartments in Panama City, Florida. The debtor purchased the apartment...

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