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IN RE AUTO-TRAIN CORP.

Bankruptcy No. 80-00391, Adv. No. 89-0090.

9 B.R. 207 (1981)

In re AUTO-TRAIN CORPORATION, a Florida Corporation, Debtor. Murray DRABKIN, Trustee of Auto-Train Corporation, Plaintiff, v. CONTINENTAL ILLINOIS BANK AND TRUST COMPANY OF CHICAGO, Continental Illinois Leasing Corporation, Defendants.

United States Bankruptcy Court, District of Columbia.

February 19, 1981.

Attorney(s) appearing for the Case

Murray Drabkin, Barry J. Dichter, Webster & Sheffield, Charles A. Docter, Docter, Docter & Salus, Washington, D.C., for plaintiff Auto-Train (Trustee).

Robert O. Tyler, Williams, Myers & Quiggle, Washington, D.C., for defendant Continental Ill.

MEMORANDUM OPINION

ROGER M. WHELAN, Bankruptcy Judge.

This pending motion for partial summary judgment filed by Continental Illinois Bank and Trust Company of Chicago and Continental Illinois Leasing Corporation (hereinafter referred to as "Continental"1) calls upon the Court to determine one key issue — assuming that Continental's claimed interest in the rolling stock of Auto-Train is that of a secured creditor, and not...

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