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IN RE McFARLIN'S, INC.

Bankruptcy No. 82-20306.

33 B.R. 788 (1983)

In re McFARLIN'S, INC., Debtor.

United States Bankruptcy Court, W.D. New York.

October 25, 1983.

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke by Paul S. Groschadl, Rochester, N.Y., for Marine Midland Bank.

Goldstein, Goldman, Kessler & Underberg by John Ninfo, Rochester, N.Y., for McFarlin's, Inc.

Siegel, Sommers & Schwartz by Lawrence C. Gottlieb, New York City, for Creditors Committee.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

An application has been made by Marine Midland Bank, N.A., hereinafter referred to as "Marine", to have their claim in the amount of $206,680.73 treated as a superpriority lien under 11 U.S.C. § 507(b). A hearing was held and briefs have been submitted by Marine, the debtor, and the creditors committee for the debtor.

McFarlin's was an old line retail men's clothing store selling the...

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