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IN RE MBA POULTRY, L.L.C.

No. BK00-40122.

251 B.R. 82 (2000)

In the Matter of MBA POULTRY, L.L.C., Debtor.

United States Bankruptcy Court. D. Nebraska.

July 19, 2000.

Attorney(s) appearing for the Case

Emmett D. Childers, Omaha, NE, for the Money Store Commercial Mortgage, Inc.

Kevin C. Siebert, Lincoln, NE, for Bird Watchers, L.L.C.

Richard P. Garden, Jr., Lincoln, NE, for American National Bank.

William L. Biggs, Omaha, NE, for Debtor MBA Poultry, L.L.C.

Steven C. Turner, Omaha, NE, for Dapec, Inc.

Stephen M. Cramer, Omaha, NE, for U.S. Small Business Administration.

David J. Koukol, Omaha, NE, for City of Tecumseh.

Joseph H. Badami, Lincoln, NE, for Johnson County.

MEMORANDUM

JOHN C. MINAHAN, Bankruptcy Judge.

This case is before the Court on the debtor's Emergency Motion to Authorize Disbursement of Proceeds of Real Estate. The specific issue before the Court is the determination of the priority, under Nebraska law, of the lien held by the City of Tecumseh for unpaid water and sewer charges. DAPEC, Inc. objects to the City's claim. Having considered the arguments and the evidence, and having found no statutory...

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