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IN RE K & P LOGGING, INC.

Bankruptcy No. 00-6061-B. Adversary No. 00-80279-B.

272 B.R. 867 (2001)

In re K & P LOGGING, INC., Debtor. Bank of America, N.A., Plaintiff, v. Case Credit Corporation, Orix Credit Alliance, Inc. and The Palmetto Bank, Defendant.

United States Bankruptcy Court, D. South Carolina.

July 19, 2001.

Attorney(s) appearing for the Case

Randy A. Skinner, Greenville, SC, for Debtor.

Ralph C. McCullough, II, Columbia, SC, Trustee.

Weyman C. Carter, Greenville, SC, for Bank of America, N.A.

Charles P. Summerall, IV, Charleston, SC, for Orix Credit Alliance, Inc.

ORDER

WM. THURMOND BISHOP, Chief Judge.

Before the Court in this adversary proceeding are the cross-motions for summary judgment filed by the Plaintiff, Bank of America, N.A. (BOA), and the Defendant, ORIX Credit Alliance, Inc. n/k/a ORIX Financial Services, Inc. (ORIX).1 Based upon the record in this proceeding, the arguments of counsel, and a review of applicable law, the Court concludes that ORIX's motion for summary judgment...

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