MATTER OF MELVIN LIQUID FERTILIZER CO., INC.

Bankruptcy No. 3-83-02681, Adv. No. 3-83-0821.

37 B.R. 587 (1984)

In the Matter of MELVIN LIQUID FERTILIZER CO., INC., Debtor. OHIO FARMERS GRAIN AND SUPPLY ASSOCIATION, Plaintiff, v. MELVIN LIQUID FERTILIZER CO., INC., Defendant, and Bancohio National Bank, Intervenor.

United States Bankruptcy Court, Ohio, W.D.

March 15, 1984.


Attorney(s) appearing for the Case

Frank M. Root, Dayton, Ohio, for plaintiff.

Robert H. Welch, II, Milford, Ohio, for debtor/defendant.

Dennis L. Patterson, Dayton, Ohio, for CIBA-GIEGY Corp.

Richard Boydston, Cincinnati, Ohio, for BancOhio Nat. Bank.


DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

Presently before the Court is the Complaint in Reclamation of Plaintiff, The Ohio Farmers Grain and Supply Association, (the Seller), filed on December 13, 1983, pursuant to 11 U.S.C. § 546(c) and O.R.C. § 1302.76 (U.C.C. § 2-702). On January 9, 1984, BancOhio National Bank (the Bank) intervened, alleging that it has a security position superior to Plaintiff's interest. The Bank was...

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