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IN RE NOACK

Bankruptcy No. 83-01338, Adv. No. 83-0552.

44 B.R. 172 (1984)

In re Larry NOACK, d/b/a Taylor Rental Center, Debtor. TAYLOR RENTAL CORPORATION, Plaintiff, v. JOHN DEERE CO., Homelite Division of Textron, Clark Equipment Credit Corp., Wacker Corporation, Valweld, Inc., and J.I. Case Corp., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

November 9, 1984.

Attorney(s) appearing for the Case

Jack U. Shlimovitz, Ludwig & Shlimovitz, Milwaukee, Wis., for plaintiff.

John J. Herson, Herrling, Myse, Swain & Loomis, Ltd., Appleton, Wis., for defendant J.I. Case Corp.

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

The sole issue is whether an agreement entitled "LPL Equipment Lease" is a true lease or a disguised security agreement.1

On March 3, 1981, the agreement, purporting to be a lease of a fork lift and a back hoe was entered into between Service Motor Company as lessor and Larry Noack, d/b/a Taylor Rental Center ("debtor") as lessee. It...

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