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IN RE SUPERIOR USED CARS, INC.

Bankruptcy No. GM 96-90042. Adversary No. 99-99055.

258 B.R. 680 (2001)

In re SUPERIOR USED CARS, INC., Debtor. First Bank, Upper Michigan, Plaintiff, v. North Country Bank & Trust, Defendant.

United States Bankruptcy Court, W.D. Michigan.

February 9, 2001.

Attorney(s) appearing for the Case

Kevin M. Zielke, Dykema Gossett, PLLC, Detroit, Michigan, for plaintiff First Bank Upper Michigan.

Michael S. McElwee, Varnum, Riddering, Schmidt & Howlett, LLP, Kalamazoo, Michigan, for defendant North Country Bank & Trust.

OPINION REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

JAMES D. GREGG, Chief Judge.

I. ISSUES

In its Fourth Amended Complaint, Plaintiff First Bank, Upper Michigan ("First Bank") seeks four remedies:

1) A declaratory judgment that First Bank is the first-priority lienholder in Superior Used Car, Inc.'s ("Debtor") prepetition personal property and all cash and noncash proceeds from the sale of these assets; 2) Creation...

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