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IN RE SEVENTEEN SOUTH GARMENT CO., INC.

Bankruptcy No. 90-01946-TMM, Adv. No. M-91-00320-AP, No. 92-51-CIV-5-H.

145 B.R. 511 (1992)

In re SEVENTEEN SOUTH GARMENT COMPANY, INC., a/k/a Yorkshire Pudding Company, a/k/a Koala-Way Company, Debtor. Walter L. HINSON, Trustee in Bankruptcy for the estate of Seventeen South Garment Co., Inc., Plaintiff/Appellee, v. CENTURA BANK, formerly known as People's Bank & Trust Company, Defendant/Appellant.

United States District Court, E.D. North Carolina, Raleigh Division.

September 22, 1992.

Attorney(s) appearing for the Case

Walter L. Hinson, Jr., Wilson, N.C., B. Perry Morrison, Jr., Narron, Holdford, Babb, Harrison & Rhodes, Wilson, N.C., for plaintiff/appellee.

J. Nicholas Ellis, Poyner & Spruill, Rocky Mount, N.C., for defendant/appellant.

ORDER

MALCOLM J. HOWARD, District Judge.

The matter before the court the appeal of Centura Bank ("Centura" or "bank") from the judgment and order of the United States Bankruptcy Court granting the trustee's motion for summary judgment and denying Centura's motion for summary judgment. Jurisdiction over this proceeding is appropriate under 28 U.S.C. § 158. The parties have briefed their respective positions and the matter is now ripe for disposition...

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