IN RE COHUTTA MILLS, INC.

Civ. A. No. 4:89-CV-56-HLM.

108 B.R. 815 (1989)

In re COHUTTA MILLS, INC., Debtor. Howard W. JONES, Trustee in Bankruptcy of Cohutta Mills, Inc., Plaintiff-Appellant, v. SMALL BUSINESS ADMINISTRATION, Defendant-Appellee.

United States District Court, N.D. Georgia, Rome Division.

December 12, 1989.


Attorney(s) appearing for the Case

Howard W. Jones, Office of Howard W. Jones, Calhoun, Ga., trustee.

Dennis M. Hall, Office of U.S. Trustee, Atlanta, Ga., for U.S. Trustee in bankruptcy.

James Randolph Schulz, Office of U.S. Atty., Atlanta, Ga., for Small Business Admin.

Joseph Morgan Seigler, Jr., Rogers Magruder Sumner Brinson & Seigler, Rome, Ga., for Cohutta Mills, Inc.

William Lee Rothschild, Wildman Harrold Allen Dixon & Branch, Atlanta, Ga., for Beaulieu of America, Inc.


ORDER

HAROLD L. MURPHY, District Judge.

Facts and Procedural History

Bankruptcy Trustee Jones appeals the Bankruptcy Court's decision that the Small Business Administration (SBA) has a perfected security interest in personalty of Bankruptcy Debtor Cohutta Mills, Inc. The trustee had honored the SBA's claim to a security interest in realty, but objected to the SBA's claim to a security interest in personalty on the ground that it was not...

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