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MATTER OF McELWANEY

Bankruptcy No. 83-50128-Mac, Adv. No. 83-5226.

40 B.R. 66 (1984)

In the Matter of Franklin Thomas McELWANEY, Debtor. FEDERAL LAND BANK OF COLUMBIA, Plaintiff, v. J. Coleman TIDWELL, as Trustee for Franklin Thomas McElwaney, and The Farmers Home Administration of the United States Department of Agriculture, Defendants.

United States Bankruptcy Court, M.D. Georgia, Macon Division.

May 3, 1984.

Attorney(s) appearing for the Case

Beverly B. Martin, Martin, Snow, Grant & Napier, Macon, Ga., for Federal Land Bank of Columbia.

Thomas W. Talbot, Talbot & Ladson, Macon, Ga., for J. Coleman Tidwell, as Trustee for Franklin Thomas McElwaney.

Lillian H. Lockary, Asst. U.S. Atty., Macon, Ga., for Farmers Home Administration of the United States Department of Agriculture.

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

ROBERT F. HERSHNER, Jr., Bankruptcy Judge.

STATEMENT OF THE CASE

Franklin Thomas McElwaney, d/b/a Turnwold Farms, Debtor, filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code on February 3, 1983. On September 23, 1983, the Federal Land Bank of Columbia, Plaintiff (hereinafter Federal Land Bank), filed a "Complaint to Determine Validity, Priority, or Extent...

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