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IN RE HAINES & BAKER EXCAVATING, INC.

Bankruptcy No. NG 80-02304, Adv. No. 81-0825.

25 B.R. 869 (1982)

In re HAINES & BAKER EXCAVATING, INC., Debtor. Maurice A. EDELMAN, Trustee, Plaintiff, v. GRAND VALLEY NATIONAL BANK, Defendant.

United States Bankruptcy Court, W.D. Michigan.

December 10, 1982.

Attorney(s) appearing for the Case

Schmidt, Howlett, Vant Hof, Snell & Vana (James D. Gregg), Grand Rapids, Mich., for plaintiff.

James J. Nopper, Grandville, Mich., for defendant.

OPINION

REPOSSESSION — DE FACTO CORPORATION — CONTEMPT

DAVID E. NIMS, Jr., Bankruptcy Judge.

Maurice A. Edleman, the duly appointed trustee of Haines & Baker Excavating, Inc., (Haines & Baker), filed this adversary proceeding against Grand Valley National Bank (Bank), a National Banking Association, for a determination that a security interest of the Bank in a Case 580 C Loader Backhoe (backhoe) was not perfected, was invalid...

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