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IN RE GUEVARA

Bankruptcy No. A86-06445-WHD, Adv. No. 86-0714A.

67 B.R. 982 (1986)

In re Sherrill Annette GUEVARA, Debtor. Harry W. PETTIGREW, in his office and capacity as Trustee-in-Bankruptcy of the Estate of Sherrill Annette Guevara, Plaintiff, v. HOUSTON'S BUILDING MATERIALS AND SUPPLY CO., INC.; Jack P. Turner; Intercall Systems, Inc.; Statewide Specialists, Inc.; Statewide Lath & Stucco, Inc.; Mincey Marble Mfg., Inc.; Glover Linoleum and Carpet Co., Inc.; West Cash & Carry Building Materials of Forest Park, Inc.; Johnson Electric Co., Inc.; Rent Central, Inc. d/b/a American Rental Service; Georgia Marble Company T/A Jimco Stone Centers, Inc.; Southeastern Wholesale Supply Co., Inc.; Guest Quarters, Inc.; Alcan Aluminum Corporation d/b/a Alcan Building Products; and Sherrill Annette Guevara, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

December 19, 1986.

Attorney(s) appearing for the Case

Harry W. Pettigrew, Pettigrew & Trippe, P.C., Atlanta, Ga., for plaintiff.

C. David Butler, Donna P. Bergeson, Alston & Bird, Atlanta, Ga., for Houston's Building Materials & Supply Co., Inc.

Grant T. Stein, Alston & Bird, Atlanta, Ga., for Statewide Specialists, Inc.

Charles B. Rice, Van Gerpen & Rice, Atlanta, Ga., for Johnson Electric Co., Inc.

Jack P. Turner, Turner, Turner, & Turner, Atlanta, Ga., for Jack P. Turner.

Annette K. McBrayer, Aiken & Ward, Atlanta, Ga., for Mincey Marble Mfg., Inc.

Danny C. Bailey, Slutzky, Wolfe & Bailey, Atlanta, Ga., for Glover Linoleum and Carpet Co., Inc.

Michael C. Clark, Clark & McLaughlin, Lawrenceville, Ga., for Rent Central, Inc.

J. Ben Shapiro, Jr., Michael A. Mogill, Stokes, Shapiro, Fussell & Genberg, Atlanta, Ga., for Georgia Marble Co.

John L. Blandford, Blandford & Werbin, P.C., Chamblee, Ga., for Southeastern Wholesale Supply Co., Inc.

Louis F. Ricciuti, Avondale Estates, Ga., for Sherrill Annette Guevara.

Theodore Brown, Jr., Kilpatrick & Cody, Atlanta, Ga., for Guest Quarters, Inc.

W.H. DRAKE, Jr., Bankruptcy Judge.

ORDER

This case is before the Court on motions for summary judgment by plaintiff/Trustee, Harry W. Pettigrew, and by one defendant, Houston's Building Materials and Supply Co., Inc. ("Houston"). Since many of the issues raised by these motions have been previously resolved, some procedural and factual background of the case is appropriate.

At the commencement of her case, the debtor was the owner of certain improved...

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