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IN RE ATWOOD

Bankruptcy Nos. CV 490-111, 88-41165.

124 B.R. 402 (1991)

In re James P. ATWOOD, Debtor. Charles SIPPLE III., and Joel Gibson, Appellants, v. James P. ATWOOD, Appellee.

United States District Court, S.D. Georgia, Savannah Division.

February 12, 1991.

Attorney(s) appearing for the Case

Kathy Horne, J. Hamrick Gnann, Jack K. Berry, Savannah, Ga., Asst. U.S. Trustee Office.

Walter C. Hartridge, Roy E. Paul, Savannah, Ga., for appellee/debtor.

EDENFIELD, Chief Judge.

The appellants have moved the Court to reconsider its December 7, 1990 order, which affirmed the bankruptcy court's order granting summary judgment for the debtor and dismissing the case. The appellant's motion has merit. Accordingly, the December 7, 1990 order is VACATED. The bankruptcy court's decision is AFFIRMED IN PART AND VACATED IN PART. The case is remanded to the bankruptcy court, as explained below.

BACKGROUND

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