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IN RE MICHIGAN LITHOGRAPHING CO.

Bankruptcy No. SG 90-80574, Adv. No. 90-8200.

140 B.R. 161 (1992)

In re MICHIGAN LITHOGRAPHING COMPANY, Debtor. OWEN-AMES-KIMBALL COMPANY, Plaintiff/Counter-Defendant, v. MICHIGAN LITHOGRAPHING COMPANY, U.S. Concord, Inc., Barclays-American/Business, Inc. and Old Kent Bank and Trust Company, Defendants, v. Brett N. RODGERS, Trustee for the Estate of Michigan Lithographing Company, Counter-Plaintiff.

United States Bankruptcy Court, W.D. Michigan, S.D.

February 3, 1992.

Attorney(s) appearing for the Case

Day, Sawdey & Flaggert (Jonathan F. Thoits, argued), Grand Rapids, Mich., for trustee.

Dunn, Schouten & Snoap (Thomas W. Schouten, argued), Wyoming, Mich., for Owen-Ames-Kimball Co.

Brett N. Rodgers, Grand Rapids, Mich., trustee.

OPINION AND JUDGMENT

JO ANN C. STEVENSON, Bankruptcy Judge.

The issue which confronts this court can be succinctly stated as whether Owen-Ames-Kimball's ("OAK") failure to record a notice of lis pendens with the Kent County Register of Deeds as required by § 117 of the Michigan Construction Lien Act (the "Act") renders OAK's asserted construction lien unenforceable against the Trustee under 11 U.S.C. § 544(a)(3) of the Bankruptcy Code where...

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