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IN RE GARDNER

Civ. A. No. 78-A-0532-W.

455 F.Supp. 327 (1978)

In re Leburn Foy GARDNER, Individually and doing business as Garnix Trucking Company, Bankrupt. Claude M. BURNS, Jr., Trustee, Plaintiff-Appellee, v. BIRMINGHAM TRUST NATIONAL BANK, Defendant-Appellant.

United States District Court, N. D. Alabama, W. D.

August 2, 1978.

Attorney(s) appearing for the Case

Walter P. Crownover, Tuscaloosa, Ala., for bankrupt.

Claude M. Burns, Jr., Tuscaloosa, Ala., for plaintiff-appellee.

Albert E. Ritchey, Ritchey & Ritchey, Birmingham, Ala., for defendant-appellant.

MEMORANDUM OPINION

ALLGOOD, District Judge.

This case is before this Court on an appeal from an order of the Trial Judge that the Trustee's title in a mobile home is superior to the title of the Appellant, Birmingham Trust National Bank.

On April 23, 1975, the Bankrupt, Leburn Foy Gardner, purchased a mobile home from Indon Industries, Inc., doing business as Steel City Mobile Homes, Fayette, Alabama. A security interest was retained by the seller...

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