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IN RE MISTURA, INC.

Bankruptcy No. B-80-2090 PHX VM, Adv. No. 80-0681-VM.

13 B.R. 483 (1981)

In re MISTURA, INC., dba Thrift City Pharmacy, Debtor. McKESSON DRUG COMPANY, a division of Foremost-McKesson, Inc., a Maryland corporation, Plaintiff, v. MISTURA, INC., dba Thrift City Pharmacy, et al., Defendants. Lee MARCUS and Ann Marcus, husband and wife, Counterclaimants and Crossclaimants, v. McKESSON DRUG COMPANY, a division of Foremost-McKesson, Inc., a Maryland corporation, Counter-Defendant, and Mistura, Inc., dba Thrift City Pharmacy, Debtor; Herman Middleton, Trustee, Cross-Defendants.

United States Bankruptcy Court, D. Arizona.

April 8, 1981.

Attorney(s) appearing for the Case

Peter Rathwell, Snell & Wilmer, Phoenix, Ariz., for McKesson.

Sidney Wolfe, Lawrence Dunlavey, Wolfe & Harris, P.A., Phoenix, Ariz., for Marcus.

Gerald Gaffaney, Michael Rubin, Mariscal, Weeks, McIntyre & Friedlander, Phoenix, Ariz., for trustee.

Donald Shortridge, Phoenix, Ariz., for debtor.

MEMORANDUM OPINION

VINCENT D. MAGGIORE, Bankruptcy Judge.

The Security Agreement between the MARCUSES and the DEBTOR included an undisputed description of fixtures. The Financing Statement covering both the underlying transaction and that Security Agreement was filed with the Maricopa County Recorder on June 15, 1977. Such a filing was required in order to achieve perfection by A.R.S. 44-3134(A)(2).

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