IN RE JULIEN CO.

Nos. 97-5027, 97-5029.

146 F.3d 420 (1998)

In re: The JULIEN COMPANY, Debtor. Jack F. MARLOW; Bankers Trust Company, Appellants, v. ROLLINS COTTON COMPANY, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1998.


Attorney(s) appearing for the Case

Kenneth S. Schrupp, Manier, Herod, Hollabaugh & Smith, Nashville, TN, for Jack F. Marlow in docket 97-5027.

Richard A. Rosen (argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Robert E. Orians (briefed), Martin, Tate, Morrow & Marston, Memphis, TN, for Bankers Trust Company in docket 97-5027.

Thomas H. Fulton, Humphreys, Dunlap, Wellford, Acuff & Stanton, Memphis, TN, Allen I. Hirsch (argued and briefed), Debra G. Buster (briefed), Arnall, Golden & Gregory, Atlanta, GA, Jerome L. Kaplan (briefed), Macon, GA, for Rollins Cotton Company in docket 97-5027, 5029.

David Blaylock (briefed), Glankler, Brown, Gilliland, Chase, Robinson & Raines, Memphis, TN, Kenneth S. Schrupp, Manier, Herod, Hollabaugh & Smith, Nashville, TN, for Jack F. Marlow in docket 97-5029.

Before: MERRITT, NORRIS, and WALLACE, Circuit Judges.


OPINION

WALLACE, Circuit Judge.

This appeal arises from an involuntary Chapter 11 bankruptcy petition and involves questions of first impression on timeliness of appeals and the meaning of "possession" in U.C.C. § 9-203(1). Jack F. Marlow, trustee in bankruptcy (Trustee) of the Julien Company (Julien), and Bankers Trust Company (Bankers Trust), a creditor of Julien, appeal from a district court order affirming the bankruptcy court. The bankruptcy court...

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