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IN RE CELERYVALE TRANSPORT, INC.

Bankruptcy No. 1-81-01933, Adv. No. 1-81-0838.

44 B.R. 1007 (1984)

In re CELERYVALE TRANSPORT, INC., Debtor. Richard P. JAHN, Jr., Trustee, Plaintiff, v. M.W. KELLOGG COMPANY, INC., d/b/a Pullman Trailmobile and Federal Insurance Company, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

November 9, 1984.

Attorney(s) appearing for the Case

Richard P. Jahn, Jr., Tanner, Jahn, Anderson, Bridges & Jahn, Chattanooga, Tenn., for Trustee.

William H. Horton and David Fulton, Gearhiser, Peters & Horton, Chattanooga, Tenn., for defendant, M.W. Kellogg Company, Inc.

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge

The first question in this case is whether a lease between the debtor, Celeryvale Transport, and the defendant, Trailmobile, is a true lease or a lease intended for security. Trailmobile leased to Celeryvale 30 refrigerated trailers of the kind used with an over-the-road tractor to form a tractor-trailer or semi-trailer rig, commonly called a big truck. Celeryvale later went into bankruptcy. The trustee contends...

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