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IN RE SOUTHERN

Bankruptcy No. 82-10336, Adv. No. 82-0517.

32 B.R. 761 (1983)

In re Billy Ray SOUTHERN d/b/a Guinn Oil Company Rosemary (NMN) Southern, Debtor. Edward J. NAZAR, Trustee, Plaintiff, v. Billy Ray SOUTHERN d/b/a Guinn Oil Company Rosemary (NMN) Southern, American State Bank, Oswego, Kansas, and Day & Nite Convenience Stores, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

April 20, 1983.

Attorney(s) appearing for the Case

Harry L. Depew, Depew Law Firm, Neodesha, Kan., for debtor.

Kurt A. Harper, Sherwood & Hensley, Wichita, Kan., for American State Bank.

Edward J. Nazar, Wichita, Kan., Trustee.

Christopher W. O'Brien, Redmond, Redmond, O'Brien & Nazar, Wichita, Kan., for trustee.

John D. Sherwood, Gray & Sherwood, Oswego, Kan., for American State Bank.

Phillip N. Cockrell, Hubbard, Patton, Peek, Haltom & Roberts, Texarkana, Tex., for Day & Nite Convenience Stores.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 7 proceeding, at issue is a determination of priorities between the trustee and American State Bank, a secured creditor. The Court has previously denied the trustee's request for summary judgment in a Memorandum of Decision and Order entered in this case on March 2, 1983.

The trustee, Edward J. Nazar, is represented by Christopher...

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