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IN RE MERRITT DREDGING CO., INC.

No. 87-2065.

839 F.2d 203 (1988)

In re MERRITT DREDGING COMPANY, INC., Debtor. COMPLIANCE MARINE, INC., Plaintiff — Appellant, v. Kevin CAMPBELL, Trustee — Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 12, 1988.

Attorney(s) appearing for the Case

Frederick Albert Gertz (Gertz, Kastanes & Moore, Columbia, S.C., on brief), for plaintiff-appellant.

Kenneth Arthur Campbell, Jr. (Bell, Campbell, Chard & McNeill, Mount Pleasant, S.C., on brief), for trustee-appellee.

Before RUSSELL, WILKINSON, and WILKINS, Circuit Judges.

WILKINSON, Circuit Judge:

In 1983, Merritt Dredging Company entered into an agreement with Compliance Marine, Inc. for the use of a barge. When Merritt filed for bankruptcy in 1984, a trustee took possession of all of Merritt's personal property, including the barge. Compliance sought to recover the barge or the proceeds from its sale, but the bankruptcy court found Compliance's interest in the barge to be subordinate to that of the trustee. The district court affirmed...

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