IN RE LMS HOLDING CO.

Bankruptcy Nos. 91-03412-C to 91-03414-C, Adv. No. 92-0242-C.

153 B.R. 581 (1993)

In re LMS HOLDING COMPANY, an Oklahoma corporation, Petroleum Marketing Company, an Oklahoma corporation, Retail Marketing Company, an Oklahoma corporation, Debtors. LMS HOLDING COMPANY, an Oklahoma corporation; Petroleum Marketing Company, an Oklahoma corporation; and Retail Marketing Company, an Oklahoma corporation, Plaintiffs, v. UNITED STATES of America, ex rel. INTERNAL REVENUE SERVICE; Core-Mark Mid-Continent, Inc., an Arkansas corporation, f/k/a Mid-Continent Distributors, Inc., a/k/a Core-Mark Distributors; Amcon Distributing Company, a Delaware corporation; American Express Travel Related Services Company, Inc.; and Chrysler Diversified Credit, Inc., Defendants.

United States Bankruptcy Court, N.D. Oklahoma.

May 7, 1993.


Attorney(s) appearing for the Case

Thomas A. Creekmore, Tulsa, OK, for plaintiffs.

J. Joseph Raymond, Washington, DC, for USA/IRS.

Todd M. Henshaw, Tulsa, OK, for Core-Mark and Amcon.

Mark W. Kuehling, Oklahoma City, OK, for American Exp. Travel Related Services.


MEMORANDUM OPINION

STEPHEN J. COVEY, Bankruptcy Judge.

This matter comes on to be heard upon the adversary complaint filed by the Debtors concerning the secured status of the Defendants' claims. The parties before the Court at this time are LMS Holding Company, Petroleum Marketing Company and Retail Marketing Company (collectively referred to as "the Debtors"), and Defendants, Core-Mark Mid-Continent, Inc. ("Core-Mark") and Amcon Distributing Company ("Amcon...

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