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IN RE MARYVILLE SAV. AND LOAN CORP.

Bankruptcy No. 3-82-00387, Adv. No. 3-82-0542.

27 B.R. 701 (1983)

In re MARYVILLE SAVINGS AND LOAN CORPORATION, Debtor. PEOPLES BANK OF POLK COUNTY, Plaintiff, v. John E. McDONALD, Trustee for Debtor, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

February 3, 1983.

Attorney(s) appearing for the Case

Tanner, Jahn, Atchley, Bridges & Jahn, P.C., Richard P. Jahn, Jr., Chattanooga, Tenn., for plaintiff.

Bird, Navratil & Bird, Frank B. Bird, Maryville, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The applicability of Article 9 of the Uniform Commercial Code to the debtor's assignments of several deed of trust notes and corresponding deeds of trust is at issue. Plaintiff Peoples Bank of Polk County contends the assignments are excluded from the coverage of Article 9 by Tenn.Code Ann. § 47-9-104(j) (1979). In contradistinction, the defendant trustee in bankruptcy...

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