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IN RE MORRISTOWN LINCOLN-MERCURY, INC.

Bankruptcy No. 3-81-01889, Adv. No. 3-82-0897.

25 B.R. 391 (1982)

In re MORRISTOWN LINCOLN-MERCURY, INC., Debtor. BANK OF COMMERCE, MORRISTOWN, Tennessee, Plaintiff, v. J & D COAL COMPANY, Morristown Lincoln-Mercury, Inc., and Richard Stair, Jr., Trustee, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 13, 1982.

Attorney(s) appearing for the Case

Taylor, Tilson, Inman & Reams, H. Scott Reams, Morristown, Tenn., for plaintiff.

Fowler & Rowntree, John H. Fowler, Knoxville, Tenn., for defendant J & D Coal Co.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The dispute in this proceeding involves a 1982 Lincoln Mark VI automobile. The contestants1 are J & D Coal Company (J & D), and Bank of Commerce. J & D contends that it purchased the vehicle in the ordinary course of business, paid the purchase price in full, received a manufacturer's certificate of origin and bill of sale, and is therefore the owner of the vehicle. The...

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