In Re Grubbs Construction Co.

MEMORANDUM OPINION ON MOTION FOR SUMMARY JUDGMENT ON SOUTHTRUST BANK’S MOTION TO REPLACE GRUBBS CONSTRUCTION COMPANY’S DISBURSING AGENT

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

In this confirmed chapter 11 case, Wa-chovia Bank National Association, successor by merger to SouthTrust Bank (“SouthTrust”), seeks removal of R. Victor Taglia (“Taglia”) as disbursing agent under the chapter 11 plan (“Grubbs Plan”) of the debtor, Grubbs Construction Company (“Grubbs”). A similar motion was filed by Lindell Investments, Inc. (“Lindell”), in the case of Sun West Acquisition Corporation, a subsidiary of…