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MATTER OF SHELBY MOTEL GROUP, INC.

No. CV-90-AR-1649-E, Bankruptcy No. 88-10974.

123 B.R. 98 (1990)

In the Matter of SHELBY MOTEL GROUP, INC., Debtor. FIRST ALABAMA BANK, Appellant, v. SHELBY MOTEL GROUP, INC., Appellee.

United States District Court, N.D. Alabama, S.D.

October 18, 1990.

Attorney(s) appearing for the Case

Robert H. Adams, Charles L. Denaburg, Najjar Denaburg Meyerson, Zarzaur Max Wright & Schwartz, P.C., Birmingham, Ala., Wanda D. Devereaux, Montgomery, Ala., for First Alabama Bank.

Harry P. Long, Long & Norton, Cleophus Thomas, Jr., Reid & Thomas, Thomas J. Knight, Anniston, Ala., for Shelby Motel Group, Inc.

Robert Shields, Berkowitz Lefkovits Isom & Kushner, Birmingham, Ala., pro se.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the appeal of First Alabama Bank (First Alabama) from the denial by the bankruptcy court of First Alabama's motion for leave to prosecute certain claims on behalf of the bankruptcy estate of Shelby Motel Group, Inc. (Shelby Motel). The procedural facts are fairly simple.

Industrial Development Board of the Town of Vincent, Alabama, issued its First Mortgage Industrial Development...

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