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IN RE OWENSBORO CANNING CO., INC.

Bankruptcy No. 4-84-00074, Adv. No. 4-84-0034.

46 B.R. 607 (1985)

In re OWENSBORO CANNING CO., INC., Debtor. CONTINENTAL CAN COMPANY, INC., Plaintiff, v. OWENSBORO CANNING CO., INC., et al., Defendant.

United States Bankruptcy Court, W.D. Kentucky.

February 19, 1985.

Attorney(s) appearing for the Case

Michael A. Fiorella, Owensboro, Ky., for plaintiff.

Ronald J. Bamberger, Owensboro, Ky., for defendant.

William S. Reisz, Louisville, Ky., for Creditors' Committee.

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The issue we consider in today's opinion is whether the Continental Can Company, Inc., holds a valid security interest in the receivables, inventory and raw materials of the Chapter 11 debtor, Owensboro Canning Co., Inc. Our determination hinges in major part on the measurement of an "agreement letter" against applicable state law.

In August, 1983, Continental's management, increasingly...

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