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IN RE BROOKWOOD SAND & GRAVEL, INC.

Bankruptcy No. 93-71687. Adv. No. 94-70548.

174 B.R. 309 (1994)

In re BROOKWOOD SAND & GRAVEL, INC., Debtor. ORIX CREDIT ALLIANCE, INC., Plaintiff, v. BANK OF TUSCALOOSA, Defendant.

United States Bankruptcy Court, N.D. Alabama, Western Division.

November 15, 1994.

Attorney(s) appearing for the Case

W. Cameron Parsons, Tuscaloosa, AL, for debtor Brookwood Sand & Gravel, Inc.

Michael L. Hall, Birmingham, AL, for plaintiff ORIX Credit Alliance, Inc.

Kimberly B. Glass, Tuscaloosa, AL, for defendant Bank of Tuscaloosa.

MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Chief Judge.

This matter came before the court on cross-motions for summary judgment filed by ORIX Credit Alliance, Inc. (plaintiff) and Bank of Tuscaloosa (defendant). Each party requests the court to find its interest in the property at issue to be superior to the other party's interest and to resolve the priority dispute in its favor. The court has reviewed the briefs, supporting materials, and evidence...

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