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IN RE FCX, INC.

No. 88-1525.

853 F.2d 1149 (1988)

In re FCX, INC., Employer's Identification No. 560220040, Debtor. UNIVERSAL COOPERATIVES, INC., Creditor-Appellant, v. FCX, INC., Debtor-Appellee, The National Council of Farmer Cooperatives ("National Council"), Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1988.

Attorney(s) appearing for the Case

James R. Crassweller (Eugene M. Warlich, Doherty, Rumble & Butler, P.A., on brief), Gregory Byrd Crampton (Merriman, Nicholls & Crampton, P.A., on brief), for creditor-appellant.

William Henry McCullough, Douglas Quinn Wickham (Adams, McCullough & Beard, on brief), for debtor-appellee.

Leslie S. Mead, Associate Gen. Counsel Nat. Council of Farmer Cooperatives, on brief for amicus curiae.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Universal Cooperatives, Inc. (Universal) here challenges an order of the bankruptcy court, affirmed by the district court on direct appeal, allowing the modification of a confirmed Chapter 11 plan under which FCX, Inc., a debtor of Universal's, was operating. That order authorized FCX to release collateral securing its indebtedness to Universal in satisfaction of Universal's claim. Universal raises three issues: that (1) FCX...

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