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IN RE JAMES RIVER ASSOCIATES

Civ. A. No. 4:92cv110.

156 B.R. 494 (1993)

In re JAMES RIVER ASSOCIATES, Debtor. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. JAMES RIVER ASSOCIATES, Appellee.

United States District Court, E.D. Virginia, Newport News Division.

June 28, 1993.

Attorney(s) appearing for the Case

Patrick Louis Hayden, McGuire, Woods, Battle & Boothe, Norfolk, VA, for Equitable Life.

Richard W. Hudgins, Newport News, VA, for James River Assoc.

ORDER

CLARKE, District Judge.

Equitable Life Assurance Society of the United States ("Equitable") appeals an order of the United States Bankruptcy Court for the Eastern District of Virginia entered July 10, 1992 dismissing Equitable's Motion to Prohibit Use of Cash Collateral. For the reasons outlined below, the decision of the bankruptcy court is VACATED and the case is REMANDED.

I. Facts and Procedural History

The Debtor...

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