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MATTER OF C.M. TURTUR INVESTMENTS, INC.

No. 88-6018.

883 F.2d 35 (1989)

In the Matter of C.M. TURTUR INVESTMENTS, INC., d/b/a Chris Turtur Nissan, Debtor. BELLFORT NATIONAL BANK, Appellant, v. C.M. TURTUR INVESTMENTS, INC., etc., et al., Appellees.

United States Court of Appeals, Fifth Circuit.

September 14, 1989.

Attorney(s) appearing for the Case

Allan R. Lazor, Weiner, Strother & Blustein, Aaron Keiter, Neely & Keiter, P.C., Houston, Tex., for appellant.

Peter R. Roest, D. Jansing Baker, Suzanne M. Barnett, Zack A. Clement, Houston, Tex., for Nissan Motors Acceptance Corp.

George R. Neely, Brockstein & Slobin, Houston, Tex., for appellee.

Before GOLDBERG, JOHNSON and DUHE, Circuit Judges.

DUHE, Circuit Judge:

C.M. Turtur Investments, Inc., d/b/a Chris Turtur Nissan, Chapter 11 debtor-in-possession, and Nissan Motor Acceptance Corporation (NMAC) brought a successful adversary proceeding against Turtur's creditor, Bellfort National Bank, for turnover of property of the estate. The property in dispute consists of sight drafts in which both NMAC and Bellfort claim a security interest. The bankruptcy court ordered Bellfort to turn over the property; the...

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