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IN RE DUNN BROS., INC.

Bankruptcy No. 7-80-01372, Adv. Nos. 7-81-0119, 7-81-0116.

16 B.R. 42 (1981)

In re DUNN BROTHERS, INCORPORATED, Debtor. LITTON INDUSTRIES CREDIT CORPORATION, Plaintiff, v. DUNN BROTHERS, INCORPORATED, Defendant. DUNN BROTHERS, INCORPORATED, Plaintiff, v. LITTON INDUSTRIES CREDIT CORPORATION and The First National Exchange Bank of Va. and The Creditors' Committee, Defendant.

United States Bankruptcy Court, W.D. Virginia, Roanoke Division.

November 9, 1981.

Attorney(s) appearing for the Case

William W. Terry, III, Roanoke, Va., for debtor.

Claude D. Carter, Roanoke, Va., for Creditors' Committee.

Douglas D. Wilson, Roanoke, Va., for Litton Industries Credit Corp.

Daniel F. Layman, Jr., Roanoke, Va., for First Nat. Exchange Bank of Va.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issues in these adversary proceedings are whether an Equipment Lease Agreement (Lease) between the parties is a true lease or a lease intended as a security agreement, and if the Lease is a lease intended as a security agreement, whether the lessor's security interest is properly perfected.

On May 11, 1979, the debtor, Dunn Brothers, Inc...

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