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IN RE PIERCY, INC.

Bankruptcy No. 90-5-0051-JS, Adv. No. A90-0221-JS.

139 B.R. 359 (1992)

In re PIERCY, INC., Debtor. PIERCY, INC., Plaintiff, v. WILLIAMS EQUIPMENT CORP., Defendant.

United States Bankruptcy Court, D. Maryland.

March 20, 1992.

Attorney(s) appearing for the Case

James A. Vidmar, Jr., James D. Dalrymple, Linowes & Blocher, Silver Spring, Md., for plaintiff.

Daniel K. Maller, Williams Industries, Inc., Merrifield, Va., David E. Rice, Rochelle B. Fowler, Venable, Baetjer & Howard, Baltimore, Md., for defendant.

MEMORANDUM OPINION DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT

JAMES F. SCHNEIDER, Bankruptcy Judge.

This is a complaint brought by the debtor-in-possession to avoid lien pursuant to Section 544(a) of the Bankruptcy Code. The parties have both filed motions for summary judgment, contending that each is entitled to judgment as a matter of law. For the reasons stated, both motions will be denied.

The U.S. Court of Appeals for the Fourth Circuit stated...

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