IN RE SOUTHEAST HOTEL PROPERTIES LTD. PARTNERSHIP

No. 95-3188.

99 F.3d 151 (1996)

In re SOUTHEAST HOTEL PROPERTIES LIMITED PARTNERSHIP, d/b/a Days Inn, d/b/a Howard Johnson; Florida Hotel Properties Limited Partnership Plan Trust Agreement, Debtors. Edward P. BOWERS, Trustee, Plaintiff-Appellee, v. ATLANTA MOTOR SPEEDWAY, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1996.


Attorney(s) appearing for the Case

ARGUED: Robert Curtis Muth, James, McElroy & Diehl, P.A., Charlotte, NC, for Appellant. Joseph Williamson Grier, III, Grier & Grier, P.A., Charlotte, NC, for Appellee.

Before ERVIN and HAMILTON, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge ERVIN and Judge SPENCER joined.

OPINION

HAMILTON, Circuit Judge:

Atlanta Motor Speedway (AMS) appeals the district court's affirmance of the bankruptcy court's entry of summary judgment in favor of the trustee for the bankruptcy debtors (Trustee), Florida Hotel Properties Limited Partnership (FHP) and Southeast Hotel Properties Limited Partnership (SEHP), in a consolidated...

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