IN RE OUR OWN HARDWARE CO.

Cause No. NA 95-0069-C B/H.U.S.B.C. No. 95-90030 BHL-11.

194 B.R. 199 (1996)

In re OUR OWN HARDWARE COMPANY, Appellant. The Provident Bank, Tom's Home Center, Inc., Appellees. In re TOM'S HOME CENTER, INC., Debtor.

United States District Court, S.D. Indiana, New Albany Division.

March 29, 1996.


Attorney(s) appearing for the Case

John S. Egan, Brown Todd & Heyburn, Louisville, KY, for Plaintiff.

C. William Lohmeyer, New Albany, IN, John R. Wirthlin, Cincinnati, OH, for Defendant.


ENTRY

BARKER, Chief Judge.

This case involves a priority dispute between two properly perfected secured creditors in a commercial bankruptcy proceeding. The dispute relates to two shipments of inventory items on November 18, 1994 and December 2, 1994 to the debtor, Tom's Home Center ("the debtor"). The sole issue on appeal is whether the shipments lost their PMSI priority status as a result of the cash nature of the transactions required by the PMSI creditor...

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