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IN RE MEDICAL OXYGEN SERVICE, INC.

Bankruptcy No. 82-05578A, Adv. No. 83-0744A.

36 B.R. 341 (1984)

In re MEDICAL OXYGEN SERVICE, INC., Debtor. USI CAPITAL AND LEASING, Plaintiff, v. MEDICAL OXYGEN SERVICE, INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

January 12, 1984.

Attorney(s) appearing for the Case

P. Allen Schwartz, Marietta, Ga., for plaintiff.

Mark A. Kelley, Carr, Abney & Tabb, Atlanta, Ga., for defendant.

ORDER

W. HOMER DRAKE, Bankruptcy Judge.

This case is before the Court on the complaint filed by the plaintiff, USI Capital and Leasing ("USI"), for relief from the automatic stay. The plaintiff contends that it is either a lessor or a secured creditor with regard to 46 Boras Model 290 Oxygen Generators currently in possession of the debtor, Medical Oxygen Service, Inc. ("Medical Oxygen"). Medical Oxygen answered the complaint and contends that USI is not...

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