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IN RE ALABAMA LAND AND MINERAL CORP.

No. 01-14973.

292 F.3d 1319 (2002)

In Re: ALABAMA LAND AND MINERAL CORP., Debtor. National City Bank of Kentucky, f.k.a. National City Bank, Kentucky, Plaintiff-Appellant, v. Andre M. Toffel, Trustee, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 5, 2002.

Attorney(s) appearing for the Case

David B. Anderson, Walston, Stabler, Wells, Anderson & Bains, Birmingham, AL, John T. McGarvey, Morgan & Pottinger, P.S.C., Louisville, KY, for Plaintiff-Appellant.

Andre M. Toffel, Law Office of Andre M. Toffel, P.C., Birmingham, AL, pro se.

Before BIRCH, HILL and HALL, Circuit Judges.

BIRCH, Circuit Judge:

National City Bank of Kentucky (NCB) appeals the bankruptcy court's decision, affirmed by the district court, that NCB failed to perfect a security interest in a $1,000,000.00 fund held in escrow for Alabama Land and Minerals Corporation ("Alabama Land") and Mid-South Resources Corporation ("Mid-South"). On cross-motions for summary judgment, the district court characterized the $1,000,000.00 fund ...

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