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IN RE FRANKLIN-LEE HOMES, INC.

Bankruptcy No. 86-02832-S05, Adv. No. S-88-0257-AP.

99 B.R. 710 (1989)

In re FRANKLIN-LEE HOMES, INC., Debtor. FRANKLIN-LEE HOMES, INC., Plaintiff, v. CENTRAL CAROLINA BANK, Defendant.

United States Bankruptcy Court, E.D. North Carolina.

May 19, 1989.

Attorney(s) appearing for the Case

Algernon L. Butler, Jr., Wilmington, N.C., Attorney for plaintiff.

Richard F. Prentis, Jr., Durham, N.C., for defendant.

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the "Motion to Set Aside Default Judgment" filed on April 6, 1989, by Central Carolina Bank ("CCB"), the defendant in this adversary proceeding. After proper notice, a hearing was held in Raleigh, North Carolina, on May 3, 1989.

There is no dispute as to the essential facts surrounding this motion. On December 9, 1986, Franklin-Lee Homes, Inc. filed a petition...

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