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IN RE EMPIRE FOR HIM, INC.

No. 92-4440.

1 F.3d 1156 (1993)

In re EMPIRE FOR HIM, INC., Debtor. CAPITAL FACTORS, INC., Plaintiff-Appellant, v. EMPIRE FOR HIM, INC., Defendant-Appellee, Hamilton Bank, N.A., Movant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 14, 1993.

Attorney(s) appearing for the Case

Michael W. Ullman, Richard A. Warren, Ullman & Ullman, P.A., North Miami Beach, FL, for plaintiff-appellant.

Gregg J. Breitbart, Kirkpatrick & Lockhart, Miami, FL, for Hamilton Bank.

Before KRAVITCH and COX, Circuit Judges, and HOBBS, Senior District Judge.

PER CURIAM:

Upon the filing of Debtor's petition for relief under Chapter 11 of the Bankruptcy Code, Capital Factors, Inc. held funds which it had collected on Debtor's accounts pursuant to a factoring agreement. Debtor asked the bankruptcy court to order the turnover of these funds pursuant to 11 U.S.C. § 542(a). Capital Factors opposed the turnover claiming a security interest in the funds and claiming damages for the Debtor's rejection of their factoring agreement...

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