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MATTER OF MITCHELL

No. 85-31-CIV-5, Bankruptcy No. 79-01013, Adv. No. 80-0143-P.

55 B.R. 700 (1985)

In the Matter of Enoch Elwood MITCHELL, Dianne Jones Mitchell. Gregory B. CRAMPTON, Trustee for Enoch Elwood Mitchell and Dianne Jones Mitchell, and Guy C. Lee Manufacturing Company, Plaintiffs, v. Enoch Elwood MITCHELL, et al., Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

June 7, 1985.

Attorney(s) appearing for the Case

Gregory B. Crampton, Merriman, Nichols, Crampton, Dombalis & Aldrige, P.A., Raleigh, N.C., for trustee.

Robert A. Spence, Sr., Spence & Spence, Smithfield, N.C., for Guy C. Lee Mfg. Co (appellant).

Robert V. Lucas, Selma, N.C., for Mitchells.

W. Kenneth Hinton, Smithfield, N.C., Richard D. Sparkman, Angier, N.C., for Godwins.

TERRENCE WILLIAM BOYLE, District Judge.

The plaintiff, Guy C. Lee Manufacturing Company, appeals from the decision of the Honorable Thomas M. Moore, United States Bankruptcy Judge, which denied the plaintiff's petition for an equitable lien on certain properties owned by the bankrupt. For the reasons stated below that portion of the decision is REVERSED.

Judge Moore recited the facts of this case in his Memorandum Opinion, and this court will only briefly...

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