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MATTER OF LEMCO GYPSUM, INC.

No. 89-8581.

910 F.2d 784 (1990)

In the matter of LEMCO GYPSUM, INC., Debtor. Lawrence E. MILLER, Jr., Miller Resources, Inc., Plaintiffs-Appellants v. KEMIRA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 6, 1990.

Attorney(s) appearing for the Case

C. James McCallar, Jr., Richard J. Harris, Savannah, Ga., for plaintiffs-appellants.

Walter Hartridge, E. Pomeroy Williams, James L. Drake, Jr., Savannah, Ga., for defendant-appellee.

Before COX, Circuit Judge, HILL and SMITH, Senior Circuit Judges.

EDWARD S. SMITH, Senior Circuit Judge:

Appellants purchased buildings and equipment owned by the debtor, Lemco Gypsum Inc., from the trustee in a Chapter 7 liquidation proceeding. The sale articles, which remained on appellee's land, were purchased pursuant to a sale order which required that the property be removed from the land within 60 days after purchase. The final sale order contained no reference to the sixty day removal requirement; consequently, since appellee...

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