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IN RE BUSENLEHNER

No. 89-9047.

918 F.2d 928 (1990)

In re Alfred D. BUSENLEHNER, Faye Elaine Busenlehner, Debtors. GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff-Appellee, v. Alfred D. BUSENLEHNER, Faye Elaine Busenlehner, Defendants-Appellants, Roger W. Moister, Jr., Trustee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 25, 1991.

Attorney(s) appearing for the Case

Roger W. Moister, Jr., Atlanta, Ga., for defendants-appellants.

John G. McCullough, McCullough & Payne, James A. Pardo, Jr., King & Spalding, Atlanta, Ga., for plaintiff-appellee.

James C. Frenzel, Smith, Gambrell & Russell, Atlanta, Ga., for amicus Nat. Auto & Georgia Auto. Dealers Associations.

Before FAY and JOHNSON, Circuit Judges, and ALLGOOD, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 25, 1991.

PER CURIAM:

This case arises from the district court's reversal of the bankruptcy court's grant of the trustee's motion for summary judgment.

I. FACTUAL BACKGROUND

On March 31, 1988, twenty-seven days before filing for bankruptcy, Alfred D. Busenlehner and Faye Elaine Busenlehner (the "Debtors") purchased a used car from McGiboney Pontiac Buick GMC in Atlanta, Georgia (the "Dealer"...

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