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IN RE SHELBY MOTEL GROUP, INC.

No. 89-7854.

914 F.2d 227 (1990)

In re SHELBY MOTEL GROUP, INC., Debtor. SHELBY MOTEL GROUP, INC., Plaintiff-Appellant, v. FIRST ALABAMA BANK, an Alabama Banking Corporation, and The Industrial Development Board of the Town of Vincent, Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 10, 1990.

Attorney(s) appearing for the Case

Thomas J. Knight, Anniston, Ala., for plaintiff-appellant.

Robert H. Adams, Charles L. Denaburg, Walter F. McArdle, Najjar, Denaburg, Meyerson, Zarzaur, Max, Wright & Schwartz, Birmingham, Ala., Wanda D. Devereaux, Montgomery, Ala., for defendants-appellees.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

CLARK, Circuit Judge:

Debtor Shelby Motel Group, Inc. ("Shelby") appeals the district court's order affirming the bankruptcy court's conclusion that Shelby's agreement with the Industrial Development Board of Vincent, Alabama is a lease within the meaning of 11 U.S.C. § 365(d)(4). Finding no relevant distinctions between the circumstances of this case and the circumstances presented in In re Martin Bros. Toolmakers, Inc., 796 F.2d 1435...

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