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IN RE KOBAK

Bankruptcy No. 01-63660. Adversary No. 01-6192.

280 B.R. 164 (2002)

In re Robert Anthony KOBAK and Elizabeth Ann Kobak, Debtors. Robert Anthony Kobak and Elizabeth Ann Kobak, Plaintiffs, v. National City Bank, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

June 28, 2002.

Attorney(s) appearing for the Case

Edwin Breyfogle, Massillon, OH, for Plaintiffs-Debtors.

Jon J. Liebermann, Lerner, Sampson & Rothfuss, Cincinnati, OH, for Fifth Third Bank.

Alan C. Hochheiser, Stacie Wittenberg, Weltman, Weinberg & Reis, Cleveland, OH, for National City Bank.

MEMORANDUM OF DECISION

RUSS KENDIG, Bankruptcy Judge.

Robert Anthony Kobak and Elizabeth Ann Kobak (hereafter "Debtors") filed a complaint, pursuant to Federal Rule of Bankruptcy Procedure 7001(2), to determine the extent, priority and amount of liens held against Debtors' real property. Defendants National City Bank (hereafter "NCB") and Fifth Third Bank (hereafter "Fifth Third") answered the complaint, each asserting it held the first and best lien.

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