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MATTER OF DURHAM

Bankruptcy No. 83-438, Adv. No. 86-26.

87 B.R. 300 (1988)

In the Matter of Dudley B. DURHAM, Jr., Barbara L. Durham, Debtors. James L. PATTON, Jr., Trustee, Plaintiff, v. JOHN DEERE COMPANY, Defendant.

United States Bankruptcy Court, D. Delaware.

May 11, 1988.

Attorney(s) appearing for the Case

James L. Patton, Jr., Wilmington, Del., trustee/plaintiff.

Neal J. Levitsky, Wilmington, Del., for defendant.

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

This matter came before the court on John Deere Company's motion to dismiss the Trustee's complaint seeking a determination that John Deere is not entitled to insurance proceeds by virtue of its perfected security interest in a combine that was destroyed by fire. The parties subsequently treated that motion as one for summary judgment.

John Deere is the assignee of a retail installment...

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