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IN RE MIAMI GENERAL HOSP., INC.

Bankruptcy No. 87-02131-BKC-AJC, Adv. No. 89-0265-BKC-AJC-A.

124 B.R. 383 (1991)

In re MIAMI GENERAL HOSPITAL, INC., Debtor. Gui L.P. GOVEART, Trustee, Miami General Hospital, Inc., Plaintiff, v. CAPITAL BANK, Defendant. CAPITAL BANK, a Florida banking corporation, Third Party Plaintiff, v. 1ST AMERICAN BANK AND TRUST COMPANY, Third Party Defendant.

United States Bankruptcy Court, S.D. Florida.

February 19, 1991.

Attorney(s) appearing for the Case

Michael W. Ullman, Ullman & Ullman, North Miami, Fla., for Capital Bank.

Joseph A. Gassen, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., for trustee.

Robert Soriano, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for FDIC, Rcvr. for 1st American Bank & Trust Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW1

A. JAY CRISTOL, Bankruptcy Judge.

This cause came on for trial before the Court on the 1st, 2nd, 3rd and 16th days of November, 1990, and the 20th day of December, 1990 upon the Plaintiff's Complaint which seeks this Court to declare that CAPITAL BANK received a voidable fraudulent conveyance from the debtor as the result of the repayment of a loan. At the conclusion of Plaintiff's case...

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