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IN RE BILOXI CASINO BELLE INC.

Bankruptcy No. 94-0853SEG. Adv. No. 940944SEG.

176 B.R. 427 (1995)

In re BILOXI CASINO BELLE INCORPORATED. CHARLES N. WHITE CONSTRUCTION COMPANY, Plaintiff, v. MRA, LTD., d/b/a Casino Belle of Tunica; et al., Defendants.

United States Bankruptcy Court, S.D. Mississippi, Southern Division.

January 10, 1995.

Attorney(s) appearing for the Case

William H. Leech, Samuel C. Kelly, Jackson, MS, for Charles N. White Constr. Co.

Jeff D. Rawlings, Jackson, MS, Ellen Werther, New York City, for debtor.

T. Glover Roberts, Dallas, TX, for Unsecured Creditors Committee.

Mark N. Parry, New York City, Henry E. Chatham, Jr., Jackson, MS, for First Trust Nat. Ass'n.

Andrew J. Kilpatrick, Jr., P.A., Jackson, MS, for Ferguson Enterprises, Inc.

MEMORANDUM OPINION AND ORDER

EDWARD R. GAINES, Bankruptcy Judge.

On November 2, 1994, the plaintiff, Charles N. White Construction Company ("White Construction"), filed a Motion for Summary Judgment on its Complaint for Declaratory Judgment against the defendants listed herein. White Construction seeks a declaration in its favor that (1) the Biloxi Belle II Casino and the Southern Belle Casino do not constitute "vessels" for purposes of federal admiralty...

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