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IN RE CLARK

C-C-91-102-P.

127 B.R. 351 (1991)

In re H. Maynard CLARK, Debtor. McDEVITT & STREET COMPANY, Plaintiff. v. HAMMONS/CLARK PARTNERSHIP NO. 1; H. Maynard Clark; W.B. Scott and John Q. Hammons, individually and d/b/a Hammons/Clark Partnership No. 1; and Barclays Bank of North Carolina, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

April 30, 1991.

Attorney(s) appearing for the Case

Robert W. Fuller, Thomas B. Hinson, Robinson Bradshaw & Hinson, P.A., Charlotte, N.C., for McDevitt & Street Co.

Michael G. Adams, Craig T. Lynch, Parker Poe Adams & Bernstein, Charlotte, N.C., for W.B. Scott.

Charles Johnson, Moore & Van Allen, Charlotte, N.C., for John Q. Hammons and Hammons/Clark Partnership No. 1.

Richard M. Mitchell, Mitchell & Rallings, Charlotte, N.C., for H. Maynard Clark.

ORDER

ROBERT D. POTTER, District Judge.

THIS MATTER is before the Court on Defendant Scott's (hereinafter "Defendant") motion, filed April 9, 1991, for an Order treating a Bankruptcy Court Order as a report to the District Court pursuant to Bankruptcy Rule 9033 or, in the alternative, leave to appeal an Order of the Bankruptcy Court. On April 19, 1991, Plaintiff filed a response to the motion.

The primary issue before the Court is whether the Bankruptcy...

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