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IN RE GREAT BASIN TRANSPORT, INC.

Bankruptcy No. Bk-83-0169-A, Adv. No. 83-0323.

32 B.R. 365 (1983)

In re GREAT BASIN TRANSPORT, INC., Debtor. VALMONT EQUIPMENT CO., an Oklahoma corporation, Plaintiff, v. GREAT BASIN TRANSPORT, INC., Defendant.

United States Bankruptcy Court, W.D. Oklahoma.

August 23, 1983.

Attorney(s) appearing for the Case

James P. Fitzgerald of McGrath, North, O'Malley & Kratz, P.C., Omaha, Neb. and Max C. Tuepker of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, Okl., for Valmont Equipment Co.

B.J. Brockett of Brockett, Grace & Brady, Oklahoma City, Okl., for the Debtor, Great Basin Transport, Inc.

Kenneth L. Spears and James S. Matthews, Jr., Oklahoma City, Okl., for the trustee.

DECISION

RICHARD L. BOHANON, Bankruptcy Judge.

This matter is before the Court on the complaint of Valmont Equipment Co., for relief from the automatic stay.1 In response to the complaint the debtor, and subsequently the trustee upon the case being converted, has raised the issue of whether the plaintiff has a secured claim. The dispute rests upon the question of the capacity of an officer of Great Basin when he executed a security...

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