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IN RE BARTON INDUSTRIES, INC.

Nos. 96-6020, 96-6032.

104 F.3d 1241 (1997)

In re BARTON INDUSTRIES, INC., Debtor. AMERICAN BANK AND TRUST COMPANY, an Oklahoma banking corporation, Plaintiff-Appellee, Cross-Appellant, v. JARDINE INSURANCE SERVICES TEXAS, INC., a foreign corporation, and Transamerica Insurance Finance Corporation, a foreign corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

January 21, 1997.

Attorney(s) appearing for the Case

G. Blaine Schwabe, III (Sarah A. Hall with him on the briefs), of Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, OK, for Appellants.

Michael A. Bickford (Joe Heaton with him on the briefs) of Fuller, Tubb & Pomeroy, Oklahoma City, OK, for Appellee.

Before SEYMOUR, Chief Judge, ANDERSON, and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case involves a dispute between two secured creditors over rights to unearned, return insurance premiums ("return premiums") involved in the Chapter 11 bankruptcy plan of Barton Industries, Inc. ("Barton"). The core issues on appeal are: (1) whether the appellants, Transamerica Insurance Finance Corporation ("TIFCO") and Jardine Insurance Services Texas, Inc. ("Jardine"), received adequate notice that TIFCO's security interest...

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