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IN RE APPALACHIAN ENERGY INDUSTRIES, INC.

Bankruptcy No. 281-03619, Adv. No. 282-0550.

25 B.R. 515 (1982)

In re APPALACHIAN ENERGY INDUSTRIES, INC., Debtor, TENNESSEE MACHINERY COMPANY, INC., Plaintiff, and American Bank & Trust, Plaintiff/Intervenor, v. APPALACHIAN ENERGY INDUSTRIES, INC. and John McLemore, Defendants, and John C. McLEMORE, Trustee, Counter-Plaintiff, v. TENNESSEE MACHINERY COMPANY, INC., Counter-Defendant.

United States Bankruptcy Court, M.D. Tennessee.

December 8, 1982.

Attorney(s) appearing for the Case

John C. McLemore, Nashville, Tenn., Trustee.

David W. Ledbetter, Ledbetter & Goolsby, Cookeville, Tenn., for American Bank & Trust.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue presented by these cross-motions for summary judgment is the order of priority of two conflicting security interests in a forklift. For the reasons stated below, the court finds that the bank's security interest in after-acquired property is superior to the unperfected purchase money security interest preserved by the trustee pursuant to 11 U.S.C.A. § 551...

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