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the Court of Claims case was Thomas C. Henry, hereinafter
sometimes referred to as Henry.
On August 19, 1981, the Court of Claims denied Laney’s
motion for summary judgment and also denied the United States’
cross-motion for summary judgment on the takings issue, holding
that “Under any view of the law short of these inadmissible
extremes there are relevant issues of fact requiring trial.”
Laney v. United States, 228 Ct. Cl. 519, 661 F.2d 145, 150
(1981). The Court of Claims remanded the case to its trial
division for further proceedings.
On October 23, 1981, the Florida Department of Environmental
Regulations granted Laney’s permit application to develop the
Island as a primate breeding and vaccine testing facility.
On May 17, 1983, a Florida court granted a foreclosure sale
of the Island to the holder of the mortgage note, Frederick
Poppe, hereinafter sometimes referred to as Poppe. The Island
was sold for $50,000 to Poppe, and Poppe also received a $75,000
deficiency judgment against Laney. A trial date had not yet been
set in his Court of Claims suit, and on December 6, 1983, Laney
voluntarily dismissed his Court of Claims petition.
On October 25, 1983, the Laney Corporation filed for relief
under chapter 11 of the Bankruptcy Code. On January 6, 1984,
this case was converted to a case under chapter 7, on motion of
the Laney Corporation. On Mach 20, 1984, Laney, t/a (trading as)
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