IN RE BAGWELL

Bankruptcy No. 680-06277, Adv. No. 681-6242.

29 B.R. 455 (1982)

In re Lonnie Ray BAGWELL, dba P & L Distributors Shake & Cedar Products; L.B. Shake Co.; Little LB Mill; and Phyllis Lorene Bagwell, Debtors. U.S. NATIONAL COMMERCIAL CORPORATION, an Oregon corporation, Plaintiff, v. FOREST INDUSTRIES INSURANCE EXCHANGE, an Oregon corporation, Defendant.

United States Bankruptcy Court, D. Oregon.

November 1, 1982.


Attorney(s) appearing for the Case

James Ray Streinz, Portland, Or., for plaintiff.

Louis Kurtz, Eugene, Or., for defendant.


MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

Plaintiff seeks recovery of a vehicle collision loss against defendant insurance carrier. Plaintiff made a loan to the insured and was thereafter given a security interest in a truck by the insured whose policy with the defendant included a loss payable clause for the plaintiff's security interest.

The parties have filed cross motions for summary judgment and in their memoranda and in oral argument...

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