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IN RE MERCURY MACH. TOOL & SUPPLY CORP.

Bankruptcy No. 81-81-ORL-BK-GP, Adv. No. 81-119.

12 B.R. 944 (1981)

In re MERCURY MACHINE TOOL & SUPPLY CORP., Debtor. Bruce W. YOUNG, Plaintiff, v. William F. BEEMER, Trustee, Defendant.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

August 7, 1981.

Attorney(s) appearing for the Case

Bernard D. Sommers, Maitland, Fla., for plaintiff.

William F. Beemer, Orlando, Fla., for Trustee.

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

In 1977, the plaintiff took delivery of a Ward-Haggas-Smith engine lathe under lease with option to purchase from Circle Leasing of Florida. In September, 1978, the plaintiff placed the lathe on the debtor's lot for sale on consignment. The debtor was a dealer in equipment similar to the lathe and customarily sold new and used equipment of this sort. On the date of the petition, the lathe was still...

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