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IN MATTER OF TREASURE BAY CORP.

Bankruptcy No. 94-09048 SEG, Adversary Nos. 95-0816 SEG, 95-0866 and 95-0925.

205 B.R. 490 (1997)

In the Matter of TREASURE BAY CORP., Miller Gaming, Inc. and Miller Management, Inc., Debtors. ROY ANDERSON CORP., Plaintiff, v. TREASURE BAY GAMING & RESORTS, INC., et al., Defendants. ROY ANDERSON CORP., Plaintiff, v. TREASURE BAY CORP., et al., Defendants. ROY ANDERSON CORP., Plaintiff, v. TREASURE BAY CORP., et al., Defendants.

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

January 29, 1997.

Attorney(s) appearing for the Case

William H. Leech, Samuel C. Kelly, William R. Purdy, Jackson, MS, for Roy Anderson Corp.

Troy D. Phillips, Ruth A. Wagoner, Dallas, TX, Robert A. Byrd, Biloxi, MS, for Treasure Bay Corp. and Treasure Bay Gaming & Resorts, Inc.

Henry Chatham, James Robertson, Richard Montague, Jackson, MS, Michael B. Fisco, Mark G. Rabogliatti, Minneapolis, MN, for First Trust National Association.

Harris Quinn, John Branson, Memphis, TN, Steve Rosenblatt, Jackson, MS, for TN Bank Nat'l. Assoc. As Trustee for James Neely Grant.

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

The motion of Roy Anderson Corporation ("Anderson") for summary judgment (Pl. 3) and the objection and cross-motion for summary judgment of First Trust National Association ("First Trust"), as indenture trustee (Pl. 41), raises the question of whether two dockside gambling casinos are "vessels" for purposes of the Ship Mortgage Act, 46 U.S.C. § 31301 et seq.

For the following reasons...

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