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IN RE MARCH

Nos. 92-1695, 92-1844.

988 F.2d 498 (1993)

In re Lloyd C. MARCH, Jr., Debtor. (Two Cases) FARMERS BANK, Plaintiff-Appellee, v. David R. KITTAY, Chapter 11 Trustee for Stockbridge Funding Corporation, Defendant-Appellant, Lloyd C. March, Jr., Defendant-Appellee. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1993.

Attorney(s) appearing for the Case

David Roy Kittay, David R. Kittay, P.C., White Plains, NY, argued; Lawrence H. Glanzer, Pender & Coward, P.C., Virginia Beach, VA, on brief, for appellant.

Peter Gilbert Zemanian, Willcox & Savage, P.C., Norfolk, VA, argued; Ross C. Reeves, J. Steven Patterson, Wilcox & Savage, P.C., Norfolk, VA, James R. Sheeran, Marcus, Santoro & Kozak, Portsmouth, VA, on brief, for appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and MURNAGHAN and LUTTIG, Circuit Judges.

OPINION

MURNAGHAN, Circuit Judge:

Farmers Bank was a first priority lienholder of two parcels of real estate in Virginia. Two junior, i.e., inferior, lienholders filed for bankruptcy, one in the Eastern District of Virginia, the other in the Southern District of New York. Because the owner of the real estate, Oceans Holding, Inc., did not meet its obligations under the first priority liens (deeds of trust...

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