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OLD STONE BANK v. TYCON I BLDG. LTD. PARTNERSHIP

No. 90-2498.

946 F.2d 271 (1991)

OLD STONE BANK, Plaintiff-Appellant, v. TYCON I BUILDING LIMITED PARTNERSHIP, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1991.

As Amended October 28, 1991.

Attorney(s) appearing for the Case

Daniel G. Grove, Keck, Mahin & Cate, Washington, D.C., argued (Carol A. Joffe, on brief), for plaintiff-appellant.

Bruce Wayne Henry, Hunton & Williams, Fairfax, Va., argued (Sandra P. Mozingo, on brief), for defendant-appellee.

Before WIDENER, WILKINSON and HAMILTON, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

This appeal involves a dispute between a secured creditor and the bankruptcy estate of a debtor over an earnest money deposit forfeited when the sale of the real estate securing the debt failed to close. The district court affirmed the bankruptcy court's decision to award the deposit to the debtor's estate.

We reverse. The broad wording of the deed of trust covering the real estate granted appellant Old Stone Bank...

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