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IN RE QDS COMPONENTS, INC.

No. 00-36441.

292 B.R. 313 (2002)

In re QDS COMPONENTS, INC., Debtor.

United States Bankruptcy Court, S.D. Ohio, Western Division at Dayton.

October 1, 2002.

Attorney(s) appearing for the Case

Ronald E. Gold, Cincinnati, OH, for Debtor.

Julie Kaplan Zurn, Daniel A. DeMarco, Cleveland, OH, for U.S. Bancorp Leasing & Financial.

Randy T. Slovin, Cincinnati, OH, for Marcap Vendor Finance Corp.

Michael L. Molinaro, Chicago, IL, for Lakin Manufacturing Company.

Paul V. Possinger, Chicago, IL, for Heller Financial, Inc.

Alan J. Statman, Thomas R. Noland, Cincinnati, OH, for Unsecured Creditors' Committee.

MEMORANDUM OPINION

JOHN E. HOFFMAN, Jr., Bankruptcy Judge.

Prior to filing this Chapter 11 case, QDS Components, Inc. ("QDS" or the "Debtor") entered into agreements, denominated leases, providing for the use of two Johnford TC-35 Turning Centers (the "Lathes"). The issue before the Court is whether the agreements constitute true leases or, as alleged by Lakin Manufacturing Company ("Lakin"), disguised security agreements.

This memorandum...

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