IN RE CLUB ASSOCIATES

No. 90-9056.

951 F.2d 1223 (1992)

In re CLUB ASSOCIATES, Debtor. CLUB ASSOCIATES, Plaintiff-Appellant, v. CONSOLIDATED CAPITAL REALTY INVESTORS and First Union Real Estate Equity and Mortgage Investments, Defendants-Appellees, Consolidated Capital Equities Corporation, Defendant.

United States Court of Appeals, Eleventh Circuit.

January 28, 1992.


Attorney(s) appearing for the Case

Phillip A. Bradley, J. James Johnson, Steven J. Lawrence, Long, Aldridge & Norman, Atlanta, Ga., for plaintiff-appellant.

J. Scott Jacobson, Frank X. Moore, Holt, Ney, Zatcoff & Wasserman, C. Richard McQueen, William D. Matthews, Daniel A. Angelo, Greene, Buckley, Jones & McQueen, Atlanta, Ga., for defendants-appellees.

Before FAY and COX, Circuit Judges, and MORGAN, Senior Circuit Judge.


MORGAN, Senior Circuit Judge:

This bankruptcy appeal presents the question of whether an hypothecation or pledge of a note and security deed as collateral for a loan is equivalent to a sale sufficient to trigger the right of first refusal in the security deed. Respectively granting summary judgment, both the bankruptcy court and the district court concluded that neither the decision to sell nor a sale was evidenced. After thoroughly reviewing the record, we affirm...

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