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IN RE MICHIGAN LITHOGRAPHING CO.

No. 92-2035.

997 F.2d 1158 (1993)

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

United States Court of Appeals, Sixth Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Thomas W. Schouten (argued and briefed), Wyoming, MI, for plaintiff-appellee.

Jonathan F. Thoits (argued and briefed), Day, Sawdey, Flaggert & Porter, Brett N. Rodgers, Grand Rapids, MI, for plaintiff-appellant.

Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge; and JOINER, Senior District Judge.

PER CURIAM.

Bankruptcy trustee Brett Rodgers appeals the district court's affirmance of the bankruptcy court's entry of summary judgment in favor of Owen-Ames-Kimball Company (OAK), deciding that OAK's construction lien was valid as against the trustee of debtor Michigan Lithographing Company. The sole issue in this case is whether OAK's failure to record a notice of lis pendens with the county register of deeds as required by section 117 of the Michigan Construction...

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