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IN RE THOMAS B. HAMILTON CO., INC.

No. 91-8001.

969 F.2d 1013 (1992)

In re THOMAS B. HAMILTON COMPANY, INC., etc., Debtor. CITIZENS AND SOUTHERN NATIONAL BANK, Plaintiff-Appellant, v. THOMAS B. HAMILTON CO., INC., d/b/a Patricia Ann's Sterling, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 21, 1992.

Attorney(s) appearing for the Case

Lori Powell Hughes, J. William Boone, Alston & Bird, Atlanta, Ga., for plaintiff-appellant.

Andrew De Natale, Brian M. Cogan, Bruce R. Gitlin, Stroock & Stroock & Lavan, New York City, amicus curiae.

Richard Kearney Valldejuli, Jr., Atlanta, Ga., for defendant-appellee.

Before JOHNSON, CLARK and PECK, Senior Circuit Judges.

CLARK, Senior Circuit Judge:

This bankruptcy appeal presents a question of first impression: whether a credit card merchant agreement between a merchant and a merchant bank constitutes a contract to extend "financial accommodations" within the meaning of 11 U.S.C. §§ 365(c)(2) and 365(e)(2)(B) of the Bankruptcy Code such that it may not be assumed by the merchant's trustee in bankruptcy and may be terminated by the merchant bank. The appellant Citizens ...

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